Sullivan v. State of Montana et al, No. 1:2020cv00080 - Document 28 (D. Mont. 2021)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 25 in full and Directing Clerk to Serve defendant(s). Waiver of Service of Summons is due within 30 days of this Order; if executed, an answer or other appropriate motion is due within 60 days of this O rder.( Waiver of Service due by 6/28/2021, Notice of Appearance due by 7/26/2021.). Claims in Count I of the Second Amended Complaint 20 are DISMISSED as described. All of Sullivan's claims for injunctive and declaratory relief advanced again st all Defendants in Count II are DISMISSED without prejudice. The remainder of Sullivan's claims seeking monetary damages against Defendants in Count II are STAYED pending resolution of Sullivan's state court proceedings. The Clerk of Cour t is directed to open a new matter as described. Signed by Judge Susan P. Watters on 5/26/2021. Documents forwarded to defendant as directed; Transmitted electronically to prison for delivery to Plaintiff. (TAG) Modified on 5/27/2021 to attach correct document; NEF regenerated (TAG).

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Sullivan v. State of Montana et al Doc. 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION Cause No. CV 20-80-SPW-TJC RYAN PATRICK SULLIVAN, Plaintiff, ORDER RE FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE vs. THE STATE OF MONTANA, BENJAMIN HALVERSON,SARAH L. HYDE,MOLLY ROSE FEHRINGER,OFFICER WOLD, YELLOWSTONE COUNTY,and BPD OFFICER TANNER BEUCHLER, Defendants. Before the Court is United States Magistrate Judge Cavan's Order and Findings and Recommendations(Doc. 25), filed on May 10, 2021, regarding Plaintiff Ryan Sullivan's Second Amended Complaint(Doc. 20).' Judge Cavan recommended that the Second Amended Complaint be dismissed in part, stayed, and served in part.(Doc. 25 at 1). Sullivan timely objected to these recommendations on May 17, 2021.(Doc. 26). Sullivan also filed a supplement to his objections on May 19, 2021.(Doc. 27). The matter is fully briefed and ripe for 'Judge Cavan also addressed Sullivan's Motion for Protective Order(Doc. 21)and Motion to Appoint Counsel (Doc. 22). However, only Judge Cavan's recommendations regarding Sullivan's Second Amended Complaint are before the Court now. 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION RYAN PATRICK SULLIVAN, CV 20-00080-BLG-SPW-TJC Plaintiff, RULE 4 NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF SUMMONS vs. OFFICER WOLD, Defendant. TO: Officer Wold Yellowstone County Detention Facility 3165 King Avenue East Billings, MT 59101 A lawsuit has been filed against you in this Court under the number shown above. A copy of the Second Amended Complaint (Doc. 20) is attached. This is not a summons or an official notice from the Court. It is a request that, to avoid the cost of service by the U.S. Marshals Service, you waive formal service of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must file the signed waiver within 30 days from the date shown below, which is the date this notice was sent. 1 If you file the signed waiver, the action will then proceed as if you were served on the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this notice is sent to answer the Second Amended Complaint. If you do not return the signed waiver within the time indicated, the Court will order the U.S. Marshals Service to personally serve you with the summons and Complaint and may impose the full costs of such service. Please read the statement below about the duty to avoid unnecessary expenses. DATED this 27th day of May, 2021. Duty to Avoid Unnecessary Expenses of Serving a Summons Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. “Good cause” does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has no jurisdiction over this matter or over the defendant or the defendant’s property. If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of a summons or of service. If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served. 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION RYAN PATRICK SULLIVAN, CV 20-00080-BLG-SPW-TJC Plaintiff, RULE 4 WAIVER OF SERVICE OF SUMMONS vs. OFFICER WOLD, Defendant. TO: The U.S. District Court for the District of Montana The following Defendant acknowledges receipt of your request to waive service of summons in this case. Defendant also received a copy of the Second Amended Complaint (Doc. 20). I am authorized by the following Defendant to agree to save the cost of service of a summons and an additional copy of the Amended Complaint in this action by not requiring that the following be served with judicial process in the case provided by Fed. R. Civ. P. 4: ________________________________. The above-named Defendant understands that he will keep all defenses or objections to the lawsuit, the Court’s jurisdiction, and the venue of the action, but 3 waive any objections to the absence of a summons or of service. Defendant also understands that he must file and serve an answer or a motion under Rule 12 within 60 days from the date when the Request for Waiver of Service of Summons was filed and if he fails to do so default judgment will be entered against him. Date: _________________________ ______________________________ (Signature of the attorney or unrepresented party) ______________________________ (Printed name) ______________________________ (Address) ______________________________ (E-mail address) ______________________________ (Telephone number) 4

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