Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Anderson v. Falsted

United States District Court, W.D. Oklahoma

October 25, 2017

CHARLES B. ANDERSON JR., Plaintiff,
v.
LIEUTENANT FALSTED, Defendant.

          ORDER REQUIRING SERVICE AND SPECIAL REPORT

          CHARLES B. GOODWIN, UNITED STATES MAGISTRATE JUDGE.

         Plaintiff 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:

         (1) 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).

         (2) 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).

         (3) 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.

         (4) The 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).

         (5) 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 service.

         (6) If a motion to dismiss[1] 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.