Moretto v. Wilson, No. 2:2023cv00930 - Document 10 (M.D. Fla. 2023)

Court Description: OPINION AND ORDER. The clerk is directed to prepare the service package for certified mailing to the special appointees at Desoto Correctional Institution designated below. The packet shall include the complaint (Doc. 1), the summons, and this o rder. The clerk shall notate the docket with the date the service package was mailed. The court specially appoints Christopher Sboto and/or Joelynn Whidden to serve the defendant. Within 14 days after receipt of the service packages, Christopher Sb oto and/or Joelynn Whidden shall serve the complaint, summons, and this order to the defendant at Desoto Correctional Institution; complete and sign the return of service form; and return it (in the pre-addressed envelope provided) to the clerk as proof of service. The defendant shall have 60 days from the date of service of process by a special appointee to answer or otherwise respond to the complaint. Signed by Magistrate Judge Kyle C. Dudek on 12/5/2023. (BGS)

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Moretto v. Wilson Doc. 10 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION STEPHEN MORETTO, Plaintiff, v. Case No.: 2:23-cv-930-SPC-KCD M. WILSON, Defendant(s). / OPINION AND ORDER Plaintiff Stephen Moretto is litigating this action in forma pauperis (Doc. 7), and he submitted the forms necessary to serve the defendant. Accordingly, the clerk is directed to prepare the service package for certified mailing to the special appointees at Desoto Correctional Institution designated below. The packet shall include the complaint (Doc. 1), the summons, and this order. The clerk shall notate the docket with the date the service package was mailed. The court specially appoints Christopher Sboto and/or Joelynn Whidden to serve the defendant. See Fed. R. Civ. P. 4(c)(3). Within 14 days after receipt of the service packages, Christopher Sboto and/or Joelynn Whidden shall serve the complaint, summons, and this order to the defendant at Desoto Correctional Institution; complete and sign the Dockets.Justia.com return of service form; and return it (in the pre-addressed envelope provided) to the clerk as proof of service. If the defendant is no longer employed at Desoto Correctional Institution or is otherwise unable to be served, a special appointee shall complete and sign the return of service unexecuted. If service is returned unexecuted, or if a return is not filed within 45 days from the date of this order, the clerk shall so note on the docket. The defendant shall have 60 days from the date of service of process by a special appointee to answer or otherwise respond to the complaint. DONE and ORDERED in Fort Myers, Florida on December 5, 2023. SA: FTMP-1 Copies: All Parties of Record 2

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