Cycenas, Edward v. Flanigan, James et al

Filing 2

Order directing Plaintiff to serve complaint. Proof of service due 7/23/2010. Signed by District Judge Barbara B. Crabb on 5/14/2010. (eds),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - ED W A RD JOSEPH CYCENAS, ORDER Plaintiff, 1 0 - cv -2 5 3 - b b c v. JA M E S FLANIGAN, BEVERLY FLANIGAN, D A V ID L. GRINDELL, DONNA GRINDELL, C AN D AC E FITZGERALD, PHILIP LINDEMAN, H EL EN KINDEMAN, CHARLES AWE, TRACY FINCH, BURNETT COUNTY, D AN IEL PETERSON, KARLA PETERSON, ED W A RD FISHER, KELLY FISHER, T IM O T H Y TJADER, DONNA TJADER, T O W N OF DANIELS, CARL LIPPERT, an d DEBBIE LIPPERT; Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - This is a civil action for injunctive and monetary relief in which plaintiff Edward Joseph Cycenas, who is proceeding pro se, alleges violations of his constitutional rights p ursu an t to 42 U.S.C. § 1983 and 28 U.S.C. § 1331. Plaintiff has paid the $350 fee for filing this case. 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

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defendants. However, that is an outside limit with few exceptions. This court requires that 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 guide plaintiff in the procedure for serving a complaint on a municipality, I am enclosing copies of Fed. R. Civ. P. 4 and Wis. Stat. § 801.11(4). (Plaintiff should note particularly Rules 4 (c), (j)(2) and (l).) Also, I am enclosing a memorandum describing the pro cedure for serving a complaint on individuals, together with notice of lawsuit and waiver o f service of summons forms. In addition, I am enclosing to plaintiff an extra copy of his co m plaint, from which he should make copies for serving on the defendants, and the forms h e will need to send to the defendants in accordance with the procedures set out in Option 1 of the memorandum.

OR DER IT IS ORDERED that plaintiff serve his complaint on the defendants promptly. He sh ou ld file proof of service of his complaint as soon as he has served each defendant. ("Proof o f service" is explained in the attachments.) By July 23, 2010, plaintiff is to file proof of service of his complaint on the defendants or tell the court why he cannot do so. If he does not file the proof of service or explain why he could not serve the defendants, I will order

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h im to explain why his case should not be dismissed for lack of prosecution. E n tered this 14th day of May, 2010. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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