United States District Court, W.D. Oklahoma
ORDER REQUIRING SERVICE AND SPECIAL REPORT
CHARLES B. GOODWIN UNITED STATES MAGISTRATE JUDGE.
Richard Lynn Dopp, a state prisoner appearing pro se and
proceeding in forma pauperis, has filed
this action seeking relief under 42 U.S.C. § 1983 for
violations of his federal constitutional rights. The Court
has conducted a preliminary review of the Amended Complaint
(Doc. Nos. 9 to 9-9) and finds that an investigation and
special report are necessary to develop a record sufficient
to ascertain whether there are any factual or legal bases for
Plaintiff's claims. See Hall v. Bellmon, 935
F.2d 1106, 1109 (10th Cir. 1991). In compliance with the
guidelines set forth in Martinez v. Aaron, 570 F.2d
317 (10th Cir. 1978), IT IS THE ORDER OF THIS COURT that:
Plaintiff shall cause a copy of this Order and of the Amended
Complaint, along with a summons issued by the Court Clerk, to
be served on each Defendant named in the Amended Complaint.
See Fed. R. Civ. P. 4(c)(1). Service shall be
accomplished as follows:
(a) The Court Clerk is directed to mail to Plaintiff the
necessary forms for requesting the issuance of summonses
along with this Order. For service to be made, Plaintiff must
complete these forms and return them to the Court Clerk,
along with sufficient copies of the Amended Complaint to
effect service of process upon each Defendant, within 21 days
from the date of this Order. See Fed. R. Civ. P.
(b) Upon receipt of properly completed forms, the Court Clerk
will issue summonses. Because Plaintiff has been granted
leave to proceed in forma pauperis, the United
States Marshals Service (“USMS”) shall be
authorized to attempt to serve each Defendant for whom
Plaintiff properly completes a request for the issuance of a
summons. See Fed. R. Civ. P. 4(c)(3).
(c) Despite the authorization of the USMS to attempt to
accomplish service as set forth in subparagraph (b), service
is ultimately Plaintiff's responsibility. Each Defendant
must be served within 90 days from the date of this Order.
Unless service is waived, Plaintiff must ensure that a proof
of service is filed for each Defendant on or before the
expiration of this 90-day time period. See Fed. R.
Civ. P. 4(c), (d), (l), (m). The failure to file
timely proofs of service as to any Defendant may result in
the dismissal of the claims against that Defendant.
See Fed. R. Civ. P. 4(m).
Officials responsible for the operation of Cimarron
Correctional Facility in Cushing, Oklahoma, and North Fork
Correctional Center in Sayre, Oklahoma, shall undertake a
review of the subject matter of the Amended Complaint:
(a) to ascertain the facts and circumstances, including the
outcome of administrative relief sought by Plaintiff;
(b) to consider whether any action can and should be taken by
the institution or appropriate officials to resolve the
subject matter of the Amended Complaint; and
(c) to determine whether prior related complaints, either in
this Court or elsewhere, (i) should be considered together
with this Amended Complaint, or (ii) affect Plaintiff's
ability to proceed in forma pauperis in light of the
“three strikes” provision of the Prison
Litigation Reform Act, 28 U.S.C. § 1915(g).
Following completion of the review, a written special
report(s) setting forth the findings shall be compiled. The
special report(s) shall restate in separate paragraphs the
allegations of the Amended Complaint followed by the
pertinent information developed by the review. If
appropriate, medical and psychiatric records shall be
included in the special report(s). Likewise, any rules and
regulations applicable to the claims and time frame of the
Amended Complaint shall be included as part of the special
special report(s) shall be filed no later than 60 days from
the date on which the first Defendant is served. If a
Defendant waives service, the date on which the waiver form
is sent shall be considered the date of service. See
Fed. R. Civ. P. 4(d)(4).
Further, in accordance with 42 U.S.C. § 1997e(g)(2) and
Local Civil Rule 9.2(c), the Court orders each Defendant to
file an answer or a dispositive motion within 60 days of
a motion to dismiss or other dispositive motion is filed,
Plaintiff must file a response within 21 days from the date
the motion was filed. See LCvR 7.1(g). Failure to
respond to the motion within that ...