United States District Court, W.D. Oklahoma
ORDER REQUIRING SERVICE AND SPECIAL REPORT
CHARLES B. GOODWIN UNITED STATES MAGISTRATE JUDGE
Gary Barnard, Jr., appearing pro se and proceeding in
forma pauperis, has filed this action claiming a
violation of his federal civil rights. The Court has
conducted a preliminary review of the Amended Complaint (Doc.
No. 10) 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
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 each Defendant named in the 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 Complaint to effect
service of process upon each Defendant, 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 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 ninety (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 Grady County Law
Enforcement Center in Chickasha, 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 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 sixty (60) days
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 ...