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Soto v. Garfield County Sheriff's Office
United States District Court, W.D. Oklahoma
August 27, 2019
CURRY J. SOTO, Plaintiff,
GARFIELD COUNTY SHERIFF'S OFFICE et al., Defendants.
ORDER REQUIRING SERVICE AND SPECIAL REPORT
CHARLES B. GOODWIN UNITED STATES DISTRICT JUDGE
Curry J. Soto, appearing pro se, has filed this action
claiming a violation of his federal civil rights. 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
claim that remains following initial screening. 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 Deputy Bishop and Deputy Chance, the remaining
Defendants named in the Complaint. See Fed. R. Civ.
P. 4(c)(1); Op. & Order of August 27, 2019. Service shall
be accomplished as follows:
(a) The Court Clerk is directed to mail to Plaintiff the
necessary forms for requesting the issuance of two summonses
along with this Order. For service to be made, Plaintiff must
complete these forms and return them to the Court Clerk
within 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. Defendants
Bishop and Chance 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).
(2) Officials responsible for the operation of Garfield
County Detention Facility in Enid, Oklahoma, shall undertake
a review of the subject matter of Claim 1 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 Claim 1 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 Claim 1 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 remaining Claim and time frame
of the Complaint shall be included as part of the special
(4) The special report shall be filed no later than 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 60 days of
(6) If a motion to dismiss or other dispositive motion is
filed, Plaintiff must file a response within 21 days from the
date the motion was filed. See LCvR 7.1(g). Failure
to respond to the motion within that time period ...
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