Jones v. Jackson et al, No. 1:2018cv00118 - Document 11 (N.D. Ga. 2018)
Court Description: OPINION AND ORDER ADOPTING the Magistrate Judge's 5 Non-Final Report and Recommendations and GRANTING the Plaintiff's 9 Motion to Have the USM Serve Summons Upon Defendant Jerry Conners. The Plaintiff's First Amendment Free E xercise claim is hereby DISMISSED against Defendant Jackson, and Plaintiff's First Amendment Free Exercise claim is ALLOWED TO PROCEED against Defendant Conners. The Clerk is DIRECTED to send Plaintiff 1 copy of each of the following forms f or Defendant Conners: USM 285 form, summons, and an initial disclosures form. Plaintiff is DIRECTED to complete each form and to return said forms within twenty (20) days from the entry date of this Order. Plaintiff is warned that failure to compl y in a timely manner could result in the dismissal of this civil action. The Clerk is DIRECTED to resubmit this action to the undersigned if Plaintiff fails to comply. Upon receipt of the forms by the Clerk, the Clerk is DIRECTED to prepare a serv ice waiver package for Defendant Conners. In the event Defendant does not return the Waiver of Service form to the Clerk of Court within thirty-five (35) days following the date the service waiver package was mailed, the Clerk is DIRECTED to prep are and transmit to the USM a service package for Defendant. Upon receipt of the service packages, the USM is DIRECTED to personally serve the Defendant who failed to waive service. The executed waiver form or the completed USM 285 form shall be f iled with the Clerk. Plaintiff is also REQUIRED TO KEEP the Court and Defendant advised of his current address at all times. Plaintiff is admonished that the failure to do so may result in the dismissal of this action. Signed by Judge Amy Totenberg on 7/10/2018. (sap)
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Jones v. Jackson et al Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION BRANDON RUSSELL J ONES, Plaintiff, v. THEODORE “TED” J ACKSON, and J ERRY CONNERS, Defendants. : : : : : : : : : : CIVIL ACTION NO. 1:18-cv-118 -AT-J KL ORD ER This m atter is before the Court on the Magistrate J udge’s Report and Recom m endation [Doc. 5] that Plaintiff’s First Am endm ent Free Exercise claim against Defendan t J ackson be dism issed, and that the claim against Defendan t Conners be allowed to proceed. No objections have been filed in response to the Magistrate J udge’s Report and Recom m endation. Therefore, in accordance with 28 U.S.C. § 636(b)(1) and Rule 72 of the Federal Rules of Civil Procedure, the Court has reviewed the Magistrate J udge’s Recom m endation for clear error and finds n one. Accordingly, the Court AD OPTS the Magistrate J udge’s Report and Recom m endation as the opinion of the Court. For the reasons stated in Magistrate J udge’s Report and Recom m endation: Dockets.Justia.com (a) Plaintiff’s First Am en dm en t Free Exercise claim is D ISMIS SED against Defendan t J ackson, an d (b) Plaintiff’s First Am endm ent Free Exercise claim is allowed to proceed against Defendan t Conners. Plaintiff’s Petition to Show Cause to H ave the U.S. Marshal To Serve Sum m ons Upon Defendant J erry Conners [Doc. 9] is GRAN TED . The Clerk is D IRECTED to send Plaintiff 1 copy of each of the following form s for Defendant Conn ers: USM 285 form , sum m on s, and on e initial disclosures form . Plaintiff is D IRECTED to com plete the USM 28 5 form , sum m ons, and the initial disclosures form , and to return said form s w ith in tw e n ty ( 2 0 ) d ays fro m th e e n try d a te o f th is Ord e r. Plaintiff is warned that failure to com ply in a tim ely m ann er could result in the dism issal of this civil action . The Clerk is D IRECTED to resubm it this action to the undersigned if Plaintiff fails to com ply. Upon receipt of the form s by the Clerk, the Clerk is D IRECTED to prepare a service waiver package for Defen dant Conners. The service waiver package m ust include: two (2) Notices of Lawsuit and Request for Waiver of Service of Sum m ons (prepared by the Clerk), two (2) Waiver of Service of Sum m ons form s (prepared by the Clerk), an envelope addressed to the Clerk of Court with adequate first class postage for use by Defendant for return of the waiver form , one (1) copy of the com plain t, on e (1) copy of the initial disclosures 2 form , and one (1) copy of this Order. The Clerk shall retain the USM 285 form and the sum m ons. Upon com pletion of the service waiver packages, the Clerk is D IRECTED to com plete the lower portion of the Notice of Lawsuit and Request for Waiver form and to m ail the service waiver packages to Defen dan t. Defendant has a duty to avoid unn ecessary costs of serving the sum m ons. If a Defendant fails to com ply with the request for waiver of service, that Defendan t m ust bear the costs of personal service unless good cause can be shown for failure to return the Waiver of Service form . In the event Defendan t does not return the Waiver of Service form to the Clerk of Court w ith in th irty-five ( 3 5 ) d ays following the date the service waiver package was m ailed, the Clerk is D IRECTED to prepare and transm it to the U.S. Marshals Service a service package for Defendan t if he failed to return the waiver form . The service package m ust include the USM 28 5 form , the sum m ons, one (1) copy of the com plaint, one (1) copy of the initial disclosure form , an d one (1) copy of this Order. Upon receipt of the service packages, the U.S. Marshals Service is D IRECTED to personally serve the Defendant who failed to waive service. The executed waiver form or the com pleted USM 285 form shall be filed with the Clerk. Plaintiff is D IRECTED to serve upon Defendan t or Defendan t’s counsel a copy of every additional pleading or other docum ent which is filed with the Clerk of the Court. Each pleading or other docum ent filed with the Clerk shall include a 3 certificate stating the date on which an accurate copy of that paper was m ailed to Defendant or Defendant’s counsel. Plaintiff is also REQU IRED TO KEEP the Court and Defendant advised of his curren t address at all tim es during the pendency of this action. Plaintiff is adm onished that the failure to do so m ay result in the dism issal of this action . IT IS SO ORD ERED this 10 th day of J uly, 20 18. _____________________________ Am y To te n be rg U n ite d State s D is trict J u d ge 4
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