United States District Court, W.D. Oklahoma
ORDER REQUIRING SERVICE AND SPECIAL REPORT
M. PURCELL UNITED STATES MAGISTRATE JUDGE.
a person in custody at an institution in Oklahoma, has filed
this action pursuant to 42 U.S.C. § 1983 asserting a
violation of his or her constitutional rights while in
custody. The Court has conducted a preliminary review of the
Complaint and finds that an investigation and 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 935 F.2d 1106,
1112 (10th Cir. 1991). In compliance with the
guidelines set out in Martinez v. Aaron, 570 F.2d
317 (10th Cir. 1978), the undersigned orders that:
Officials responsible for the operation of the Oklahoma
County Detention Center, Oklahoma City, Oklahoma, shall
review the subject matter of the Complaint to
(a) ascertain the facts and circumstances underlying
Plaintiff's claims, including any administrative relief
sought by Plaintiff;
(b) consider whether the institution(s) or other appropriate
officials should take any action to resolve Plaintiff's
(c) determine whether prior related complaints, either
pending in this Court or elsewhere, should be considered
together with this Complaint, including whether any previous
complaints 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. When appropriate, relevant
institutional and medical records and relevant policies or
procedures shall be included in the Special Report.
Special Report shall be filed no later than sixty (60) days
from the date on which the first Defendant is served with
process. When a Defendant agrees to waive 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).
accordance with 42 U.S.C. § 1997e(g)(2), the Court
orders Defendant(s) to file an answer or a dispositive motion
within sixty (60) days of service.
a motion to dismiss or motion for summary judgment is filed,
Plaintiff is ordered to file a response to the motion within
twenty-one (21) days from the date the motion is filed.
See LCvR 7.1(g). Failure to respond to the motion
within that time period may result in the Court deeming the
motion confessed. Id.
a Defendant files a motion that relies on materials not
included with the Complaint, such a motion will result in the
Court's conversion of the motion to a motion for summary
judgment. Fed.R.Civ.P. 12(b)(6), 56; LCvR 56.1.
discovery shall be served upon any party and the Court will
not consider any applications, motions, or requests for
discovery relating to the merits of the Complaint until the
Special Report has been filed, except as the Court may
Plaintiff must serve this Order, a copy of the Complaint, and
a summons issued by the Court Clerk on each Defendant in
accordance with Fed.R.Civ.P. 4. Service shall be accomplished
(a) The necessary service papers shall be completed by
Plaintiff and furnished within twenty-one (21) days from the
date of this Order to the Clerk of the ...