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Titus v. Hulick


September 22, 2009


The opinion of the court was delivered by: Reagan, District Judge


This matter is before the Court sua sponte. On July 24, 2009, this Court issued its Memorandum and Order (Doc. 9) referring the case to the Honorable Philip M. Frazier, United States Magistrate Judge. The Memorandum and Order, however, dismissed some of Plaintiff's claims and several defendants, but allowed other claims to proceed. At the time Plaintiff submitted his complaint, he was confined at Menard Correctional Center. At the time the Court issued the Memorandum and Order (Doc. 9), Plaintiff had been moved to Pontiac Correctional Center (Doc. 6). In June 2009, the Court in cooperation with officials at the Pontiac Correctional Center implemented electronic filing at Pontiac Correctional Center. Consequently, service of process is handled differently at Pontiac Correctional Center than at most other state correctional facilities. Accordingly,

IT IS HEREBY ORDERED that the Clerk shall prepare for Defendants Swalls, Carter, Braun, and Miget: (1) a Notice of Lawsuit and Request for Waiver of Service of Summons; and (2) a Waiver of Service of Summons. The Clerk is directed to mail said forms, a copy of the Complaint, and this Memorandum and Order to each Defendant's work address or employer address as provided by Plaintiff. If a Defendant fails to sign and return the Waiver to the Clerk within 30 days from the date said forms were sent, the Court will take appropriate steps to effect formal service on that Defendant and will require that Defendant to pay the full costs of formal service, to the extent authorized by the Federal Rules of Civil Procedure.

Service shall not be made on the "Unknown Tactical Team Memebers" until such time as Plaintiff has identified them by name in a properly filed amended complaint. Plaintiff is ADVISED that it is Plaintiff's responsibility to provide the Court with the names and service addresses for these individuals.

IT IS FURTHER ORDERED that, with respect to a Defendant who no longer can be found at the address provided by Plaintiff, the Correctional Center shall furnish the Clerk with the Defendant's current work address, or, if not known, the Defendant's last-known address. This information shall be used only for sending the forms as directed above, or for formally effecting service. Any documentation of the address shall be retained only by the Clerk. Address information shall not be maintained in the court file, nor disclosed by the Clerk.

IT IS FURTHER ORDERED that Plaintiff shall serve upon Defendants (or upon defense counsel once an appearance is entered), a copy of every further pleading or other document submitted for consideration by the court. Plaintiff shall include with the original paper to be filed with the Clerk of the Court a certificate stating the date on which a true and correct copy of any document was served on Defendants or their counsel. Any paper received by a district judge or magistrate judge that has not been filed with the Clerk or that fails to include a certificate of service will be disregarded by the Court.

Defendants are ORDERED to timely file an appropriate responsive pleading to the complaint, and shall not waive filing a reply pursuant to 42 U.S.C. § 1997e(g).

Pursuant to Local Rule 72.1(a)(2), this cause reamins REFERRED to a United States Magistrate Judge for further pre-trial proceedings.

Further, this entire matter is hereby REFERRED to a United States Magistrate Judge for disposition, as contemplated by Local Rule 72.2(b)(2) and 28 U.S.C. § 636(c), should all the parties consent to such a referral.

Plaintiff is ADVISED of his continuing obligation to keep the Clerk and each opposing party informed of any change in his whereabouts during the pendency of this action. This notification shall be done in writing and not later than seven (7) days after a transfer or other change in address occurs. Failure to provide such notice may result in dismissal of this action. See FED.R.CIV.P. 41(b).


MICHAEL J. REAGAN United States District Judge


© 1992-2009 VersusLaw Inc.

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