MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
Plaintiff Keith Muckensturm, currently incarcerated in the St. Clair County Jail, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that Detective Jensen used excessive force in the process of apprehending and arresting Plaintiff (Count 1), and denied Plaintiff's subsequent request for medical care.
Under 28 U.S.C. § 1915A, the Court is required to conduct a prompt threshold review of the complaint. Accepting Plaintiff's allegations as true, the Court finds that Plaintiff has articulated a colorable federal cause of action against Defendant Jensen under the Fourth Amendment for use of excessive force (Count 1) and the denial of medical care (Count 2).
Plaintiff's motion for appointment of counsel (Doc. 3) shall be referred to a United States Magistrate Judge for further consideration.
Plaintiff's motion for leave to proceed in forma pauperis (Doc. 2) shall remain pending. Plaintiff is reminded that he has until March 3, 2014, to submit the $400.00 filing or the required documentation of his finances ( see Doc. 5). Failure to meet the March 3 deadline will most likely result in the dismissal of this action.
IT IS HEREBY ORDERED that COUNTS 1 and 2 shall PROCEED.
The Clerk of Court shall prepare for Defendant DETECTIVE JENSEN: (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). The Clerk is DIRECTED to mail these forms, a copy of the complaint, and this Memorandum and Order to Defendant's place of employment as identified by Plaintiff. If Defendant fails to sign and return the Waiver of Service of Summons (Form 6) to the Clerk within 30 days from the date the forms were sent, the Clerk shall take appropriate steps to effect formal service upon Defendant, and the Court will require Defendant to pay the full costs of formal service, to the extent authorized by the Federal Rules of Civil Procedure.
If Defendant Jensen no longer can be found at the work address provided by Plaintiff, the employer shall furnish the Clerk with Defendant's current work address, or, if not known, 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 or disclosed by the Clerk.
Plaintiff shall serve upon Defendant (or upon defense counsel once an appearance is entered), a copy of every 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 the 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 appointment of counsel (Doc. 3).
Further, this entire matter shall be REFERRED to a United States Magistrate Judge for disposition, pursuant to Local Rule 72.2(b)(2) and 28 U.S.C. § 636(c), ...