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- gand;;1:10-cv-02105_de9 RegisterActionDate "2010-08-18" @default.
- gand;;1:10-cv-02105_de9 RegisterActionDescriptionText "ORDER: The Warden of the United States Penitentiary in Atlanta, the Director of the Federal Bureau of Prisons, Attorney General Holder, and the United States Marshal Service are DISMISSED as defendants in this action. Plaintiffs excessive force claim against Officer D. Philpot is ALLOWED TO PROCEED as any other civil action. The Clerk SHALL send Plaintiff one USM 285 form and one summons each for (1) the United States Attorney General, (2) the United States Attorney for the Northern District of Georgia, and (3) Officer D. Philpot. Plaintiff SHALL complete each USM 285 form and summons and return them to the Clerk of Court within twenty (20) days of the entry date of this Order. Plaintiff is warned that failure to comply in a timely manner could result in the dismissal of this civil action. The Clerk SHALL resubmit this action to the Court if Plaintiff fails to comply. Upon receipt of the forms for the United States Attorney for the Northern District of Georgia and the United States Attorney General, the Clerk is DIRECTED to prepare and transmit to the U.S. Marshals Service two (2) service packages, one for the United States Attorney for the Northern District of Georgia and one for the United States Attorney General. Each service package must include the appropriate USM 285 form and summons1, and a copy of the complaint. Upon receipt of the service packages, the U.S. Marshals Service is DIRECTED to serve the United States in accordance with the requirements of Rule 4(i)(1) of the Federal Rules of Civil Procedure 2. The completed USM 285 forms shall be filed with the Clerk of the Court. Upon receipt of the forms for Officer D. Philpot, the Clerk is DIRECTED to prepare a service waiver package for this defendant. In the event a Defendant Philpot 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 prepare and transmit to the U.S. Marshal's Service a service package for defendant Philpot. This case SHALL PROCEED on a four (4)\ month discovery track, beginning thirty (30) days after the first appearance of a Defendant by answer to the complaint, subject to extension by motion filed prior to the expiration of that discovery period. (Forms sent to party: USM 285; Summons) Signed by Judge Clarence Cooper on 8/17/10. (aaq) (Entered: 08/18/2010)" @default.
- gand;;1:10-cv-02105_de9 AdministrativeID "5" @default.