December 26, 2013
ELIJAH SANTIAGO, # M-05397, Plaintiff,
DOUGLAS A. KRAUSE, and JOHN DOE OFFICERS 1-8, Defendants.
MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
This matter is before the Court on Plaintiff's motion for service of process at government expense (Doc. 46), filed December 26, 2013. This motion is GRANTED, as ordered below.
Plaintiff has also filed a new motion for recruitment of counsel (Doc. 45), as his former attorney (who was appointed only to assist with discovery and the preparation of an amended complaint) was granted leave to withdraw (Doc. 44). This motion shall be referred to a United States Magistrate Judge for disposition.
The Clerk of Court is DIRECTED to complete, on Plaintiff's behalf, a summons and form USM-285 for service of process on Defendant KRAUSE; the Clerk shall issue the completed summons. The service packet shall contain the following documents:
(1) The First Amended Complaint (Doc. 41);
(2) The Memorandum and Order of Dec. 3, 2013 (Doc. 42), which reviewed the First Amended Complaint pursuant to 28 U.S.C. § 1915A;
(3) This Memorandum and Order.
The United States Marshal SHALL personally serve Defendant KRAUSE pursuant to Rule 4(e) of the Federal Rules of Civil Procedurewith the summons, form USM-285, and service packet documents listed above. All costs of service shall be advanced by the United States, and the Clerk shall provide all necessary materials and copies to the United States Marshals Service.
IT IS FURTHER ORDERED that, if Defendant can no longer be found at the work address provided by Plaintiff, the employer shall furnish the United States Marshal with the Defendant's current work address, or, if not known, the Defendant's last-known address. This information shall be used only for effecting service of process. Any documentation of the address shall be retained only by the Marshal. Address information shall not be maintained in the court file or disclosed by the Marshal.
Service shall not be made on the Unknown (John Doe) Defendants 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.
Plaintiff shall serve upon Defendant (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 a certificate stating the date on which a true and correct copy of any document was served on Defendant or 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.
Defendant is 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 action is REFERRED to a United States Magistrate Judge for further pre-trial proceedings, which shall include a determination on the pending motion for recruitment of counsel (Doc. 45).
Further, this entire matter shall be REFERRED to the United States Magistrate Judge for disposition, pursuant to Local Rule 72.2(b)(2) and 28 U.S.C. § 636(c), if all parties consent to such a referral.
Finally, Plaintiff is ADVISED that he is under a continuing obligation to keep the Clerk of Court and each opposing party informed of any change in his address; the Court will not independently investigate his whereabouts. This shall be done in writing and not later than 7 days after a transfer or other change in address occurs. Failure to comply with this order will cause a delay in the transmission of court documents and may result in dismissal of this action for want of prosecution. See FED. R. CIV. P. 41(b).
IT IS SO ORDERED.