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- gand;;1:10-cv-02600_de7 RegisterActionDate "2010-10-19" @default.
- gand;;1:10-cv-02600_de7 RegisterActionDescriptionText "ORDER: pursuant to 28 U.S.C. § 1915A, Plaintiff's civil rights action is ALLOWED TO PROCEED as any other civil action, but only with respect to his claim that Commissioner Brian Owens, Warden Shelia Oubre, and Officer Scrogger failed to protect him from an attack by other inmates. Plaintiff's remaining claims are DISMISSED for failure to state a claim. The Clerk is hereby DIRECTED to send Plaintiff the USM 285 form and summons. Plaintiff is DIRECTED to complete the USM 285 form and summons and to return one of each for Commissioner Owens, Warden Oubre, and Officer Scrogger within 20 days from the entry date of this Order to the Clerk of Court. 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 service waiver packages for Commissioner Owens, Warden Oubre, and Officer Scrogger. Upon completion of the service waiver packages, the Clerk is DIRECTED to complete the lower portion of the Notice of Lawsuit and Request for Waiver form and to mail the service waiver packages to Commissioner Owens, Warden Oubre, and Officer Scrogger. In the event a Defendant does not return the Waiver of Service form to the Clerk of Court within 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 each Defendant who failed to return the waiver form. Upon receipt of the service packages, the U.S. Marshal's Service is DIRECTED to personally serve each Defendant who failed to waive service. Plaintiff is DIRECTED to serve upon Defendants or their counsel a copy of every additional pleading or other document which is filed with the Clerk of the Court. Plaintiff is also REQUIRED to KEEP the Court and Defendants advised of his current address at all times during the pendency of this action. Plaintiff is admonished that the failure to do so may result in the dismissal of this action. This case SHALL PROCEED on a four month discovery track, beginning 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. See N.D. Ga., LR 26.2.A. &B. (Forms sent to party: USM 285; Summons) Signed by Judge Robert L. Vining, Jr. on 10/19/2010. (bjh) (Entered: 10/19/2010)" @default.
- gand;;1:10-cv-02600_de7 AdministrativeID "4" @default.