United States District Court, W.D. Oklahoma
CHARLES B. ANDERSON JR., Plaintiff,
LIEUTENANT FALSTED, Defendant.
ORDER REQUIRING SERVICE AND SPECIAL REPORT
CHARLES B. GOODWIN, UNITED STATES MAGISTRATE JUDGE.
Charles B. Anderson Jr., appearing pro se and proceeding
in forma pauperis, has filed this action
claiming a violation of his federal civil rights while in
custody at a federal institution in the State of Oklahoma.
The Court has conducted a preliminary review of the Complaint
(Doc. No. 1) 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
Complaint, along with a summons issued by the Court Clerk, to
be served on Defendant Falsted, the sole remaining Defendant
in this action. See Fed. R. Civ. P. 4(c)(1); Doc.
No. 23. Service shall be accomplished as follows:
(a) The Court Clerk is directed to mail to Plaintiff the
necessary forms for requesting the issuance of summons along
with this Order. For service to be made, Plaintiff must
complete these forms and return them to the Court Clerk,
along with a service copy of the Complaint, within twenty-one
(21) days from the date of this Order. See Fed. R.
Civ. P. 4(b).
(b) Upon receipt of properly completed forms, the Court Clerk
will issue summons. Because Plaintiff has been granted leave
to proceed in forma pauperis, the United
States Marshals Service (“USMS”) is 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. Defendant must
be served within ninety (90) days from the date of this
Order. Unless service is waived, Plaintiff must ensure that a
proof of service is filed for Defendant on or before the
expiration of this 90-day time period. See Fed. R.
Civ. P. 4(c), (d), (i), (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 Federal
Correctional Institution El Reno in El Reno, Oklahoma, shall
undertake a review of the subject matter of the 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 Complaint; and
(c) to determine whether prior related complaints, either in
this Court or elsewhere, (i) should be considered together
with this 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
setting forth the findings shall be compiled. The special
report shall restate in separate paragraphs the allegations
of the Complaint followed by the pertinent information
developed by the review. If appropriate, medical and
psychiatric records shall be included in the special report.
Likewise, any rules and regulations applicable to the claims
and time frame of the Complaint shall be included as part of
the special report.
special report shall be filed no later than sixty (60) days
from the date on which Defendant is served. If 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 Defendant to file
an answer or a dispositive motion within sixty (60) days of
a motion to dismiss or other dispositive motion is filed,
Plaintiff must file a response within twenty-one (21) days
from the date the motion was filed. See LCvR 7.1(g).
Failure to respond to the motion within ...