Van Den Bosch v. Raemisch et al

Filing 2

ORDER that plaintiff serve complaint on defendants and file proof of service by 4/6/2009 or action subject to dismissal for lack of prosecution. Signed by Chief Judge Barbara B Crabb on 2/4/2009. (llj),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - FR AN K VAN DEN BOSCH, ORDER Plaintiff, 0 9 - cv -6 2 - b b c v. R IC K RAEMISCH, DAN WESTFIELD, M IK E THURMER, DON SIROTTA, S G T . DULKE, WILLIAM POLLARD, P ET E R ERICKERSON, KEVIN POSTL, R IC H A R D SCHNEITER, GARY BOUGHTON and SGT. HUIBREGTSE, D efendan ts. - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - T his is a civil action for monetary, declaratory and injunctive relief in which plaintiff F r a n k Van den Bosch, who is proceeding pro se, alleges that defendants violated his con stitution al rights when they created and enforced a policy banning a newsletter plaintiff p ub lish e s and distributes to inmates that is critical of the Wisconsin Department of C orr ection s. Plaintiff has paid the $350 fee for filing his complaint. The next step is for plaintiff to serve his complaint on the defendants. Under Fed. R . Civ. P. 4(m), a plaintiff has 120 days after filing a complaint in which to serve the defendant. However, that is an outside limit with few exceptions. This court requires that

1

a plaintiff act diligently in moving his case to resolution. If plaintiff acts promptly, he should be able to serve his complaint on the defendants well before the deadline for doing so established in Rule 4. To help plaintiff understand the procedure for serving a complaint, I am enclosing w i th this order a copy of a document titled "Procedure for Serving a Complaint on Individu als in a Federal Lawsuit." In addition, I am enclosing to plaintiff the extra copies of his complaint he sent this court and forms he will need to send to the defendants in accorda nce with the procedures set out in Option 1 of the memorandum.

ORDER IT IS ORDERED that plaintiff promptly serve his complaint on the defendants and file proof of service of his complaint as soon as service has been accomplished. If, by April 6 , 2009, plaintiff fails to submit proof of service of his complaint on the defendants or explain his inability to do so, I will direct plaintiff to show cause why his case should not be d ism issed for lack of prosecution. E n tered this 4t h day of February, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

2