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Smith v. Oklahoma Department of Corrections
United States District Court, W.D. Oklahoma
June 14, 2018
FRED SMITH, Plaintiff,
OKLAHOMA DEPARTMENT OF CORRECTIONS et al., Defendants.
ORDER REQUIRING SERVICE AND SPECIAL REPORT
CHARLES B. GOODWIN UNITED STATES MAGISTRATE JUDGE.
Fred Smith, a state prisoner appearing pro se, has filed this
action claiming violations of his federal civil rights. The
Court has conducted a preliminary review of the Amended
Complaint (Doc. Nos. 36, 37) 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 42 U.S.C. § 1983 claim
against Defendant Joe Allbaugh and Defendant
Shelight. 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
Amended Complaint, along with a summons issued by the Court
Clerk, to be served on Defendant Allbaugh and Defendant
Shelight. 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. See Fed. R. Civ. P. 4(b).
Plaintiff must complete these forms and return them to the
Court Clerk within 21 days of the date of this Order.
(b) Upon receipt of properly completed forms, the Court Clerk
will issue summonses and mail them to Plaintiff. Plaintiff is
responsible for ensuring that service of process is
accomplished upon each Defendant in accordance with Rule 4 of
the Federal Rules of Civil Procedure.
(c) Defendant Allbaugh and Defendant Shelight 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 Defendants Allbaugh and Shelight 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 either
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 James Crabtree
Correctional Center in Helena, 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, should be considered together with
this Amended Complaint.
(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 Amended 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
Amended Complaint shall be included as part of the special
(4) The 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).
(5) 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 of service.
(6) If 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 that time
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