Cycenas, Edward v. Flanigan, James et al

Filing 8

ORDER denying 4 Motion for Injunctive Relief; granting 6 Motion for issuance of summonses. Plaintiff has until 8/23/2010 to file proof of service. Signed by District Judge Barbara B. Crabb on 6/24/2010. (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. - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - In an order entered May 14, 2010, I directed plaintiff to serve his complaint on the d e fe n d a nts and file proof of service by July 23, 2010. In addition, I sent plaintiff a

m em o ran du m describing the procedure to be followed along with blank waiver of service of su m m o n s forms for each defendant. Now, plaintiff has filed a request for issuance of sum m on s along with postage receipts and a document indicating that although he has tried to obtain a waiver of service from defendants, they have not returned the waiver forms.

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Also, plaintiff has filed a "Notice of Motion/Petition" in which he asks the court to grant an "im m ed iate preliminary stay/injunction" against Kenneth L. Kutz and the Circuit Court for B u rn ett County. I will construe the "Notice" as a motion for preliminary injunction bro ught under Fed. R. Civ. P. 65(a). Plaintiff's request for the clerk of court to issue summons forms will be granted. (I no te that plaintiff's submission is titled "Proof of Service," but he alleges that service has not been accomplished because defendants have not returned the waiver forms.) Because p lain tiff avers that he has not received signed waiver forms from any of the defendants and m o re than 30 days have passed from the date plaintiff mailed the requests for waivers, I will direct the clerk to issue the summons forms plaintiff requests. Plaintiff is reminded that because he is a party to this lawsuit, he cannot deliver the summons and complaint to the defendan ts personally. Instead, he must arrange for service by someone who is not a party to the lawsuit and who is over the age of 18 years of age. Fed. R. Civ. P. 4(c)(2). Next, I cannot consider plaintiff's motion for injunctive relief at this time because his subm issions do not comply with this court's procedures for obtaining a preliminary injunction . In particular, plaintiff has not submitted admissible evidence to support his r eq uests for an injunction and he has not proposed facts in reliance on such evidence. T herefore, I will deny his motion without prejudice because he has failed to follow this co urt's procedures for obtaining injunctive relief. Those procedures are set out in a

d ocu m e nt titled Procedure To Be Followed On Motions For Injunctive Relief, a copy of 2

w h ich is included with this order. Plaintiff should pay particular attention to those parts of th e procedure that require him to submit proposed findings of fact in support of his motion an d show what admissible evidence in the record supports each factual proposition. E ven if plaintiff refiles his motion in accordance with the court's procedures on m otio ns for injunctive relief, he should know that he cannot obtain injunctive relief on issues th at he did not raise in his complaint. The parties from whom plaintiff seeks an injunction are not named as defendant to this lawsuit. Plaintiff cannot ask for injunctive relief from un na m ed defendants.

ORDER IT IS ORDERED that 1. D EN IED . Plaintiff Edward Joseph Cycenas's motion for injunctive relief, dkt. #4, is 2. The clerk of court is directed to issue summons forms and return them to

plaintiff for service on the defendants. Plaintiff may have until August 23, 2010, in which to file proof of service of his complaint on defendants by returning a copy of the summons form showing the name of the person who completed service, the place where service occurred and the manner of service. If plaintiff does not file the proof of service or explain w hy he could not serve the defendants by August 23, 2010, I will order him to explain why his case should

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n o t be dismissed for lack of prosecution. E n tered this 24th day of June, 2010. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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