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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GEORGE GILMORE : CIVIL ACTION 

:

 v. :

 : 

PHILADELPHIA POLICE OFFICER :

CHARLES LAYTON AND OFFICER :

GOODWIN : NO. 02-4379

O R D E R

AND NOW, this day of June, 2003, having

considered plaintiff's complaint and motion to proceed in forma

pauperis, IT IS HEREBY ORDERED that:

1. Leave to proceed in forma pauperis is GRANTED

pursuant to 28 U.S.C. § 1915.

2. The complaint is to be filed, the summonses are to

issue, service of the summonses and complaint is to be made upon

the defendants by the U.S. Marshals Service in the event that

waiver of service is not effected under Fed.R.Civ.P. 4(d)(2). To

effect waiver of service the Clerk of Court is specially

appointed to serve written waiver requests on the defendants. 

The waiver of service requests shall be accompanied by a copy of

the complaint and shall inform the defendants of the consequences

of compliance and of failure to comply with the requests. The

requests shall allow the defendants at least 30 days from the

date they are sent (60 days if addressed outside any judicial

district of the United States) to return the signed waivers. If

a signed waiver is not returned within the time limit given, the

Case 2:02-cv-04379-JG Document 3 Filed 06/30/2003 Page 1 of 4
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Clerk of Court's office shall transmit the summons and a copy of

the complaint to the U.S. Marshals Service for immediate service

under Fed.R.Civ.P. 4(c)(1), and a copy of this order is to be

directed to all parties.

3. All original pleadings and other papers submitted

for consideration to the Court in this case are to be filed with

the Clerk of this Court. Copies of papers filed in this Court

are to be served upon counsel for all other parties (or directly

on any party acting pro se). Service may be by mail. Proof that

service has been made is provided by a certificate of service. 

This certificate should be filed in the case along with the

original papers and should show the day and manner of service. 

An example of a certificate of service by mail follows:

"I, (name) , do hereby certify

 that a true and correct copy of the

 foregoing (name of pleading or other

 paper) has been served upon (name(s)

 of person(s) served) by placing the same

 in the U.S. Mail, properly addressed,

 this (date) day of (month) , (year).

 

(Signature)"

If any pleading or other paper submitted for filing does not

include a certificate of service upon the opposing party or

counsel for opposing party, it may be disregarded by the Court.

4. Any request for court action shall be set forth in

a motion, properly filed and served. The parties shall file all

motions, including proof of service upon opposing parties, with

the Clerk of Court. The Federal Rules of Civil Procedure and

local rules are to be followed. Plaintiff is specifically

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directed to comply with Local Civil Rule 7.1 and serve and file a

proper response to all motions within fourteen (14) days. 

Failure to do so may result in dismissal of this action.

5. Plaintiff is not required to comply with Section

4:01 of the Civil Justice Expense and Delay Reduction Plan for

the United States District Court for the Eastern District of

Pennsylvania (the "Plan"), unless directed by further Order of

the Court. 

6. Plaintiff is specifically directed to comply with

Local Rule 26.1(f) which provides that "[n]o motion or other

application pursuant to the Federal Rules of Civil Procedure

governing discovery or pursuant to this rule shall be made unless

it contains a certification of counsel that the parties, after

reasonable effort, are unable to resolve the dispute." Plaintiff

shall attempt to resolve any discovery disputes by contacting

defendant's counsel directly by telephone or through

correspondence. 

7. No direct communication is to take place with the

District Judge or United States Magistrate Judge with regard to

this case. All relevant information and papers are to be

directed to the Clerk.

8. In the event the summons is returned unexecuted,

it is plaintiff's responsibility to ask the Clerk of the Court to

issue an alias summons and to provide the Clerk with the

defendant's correct address, so service can be made.

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9. The parties should notify the Clerk's Office when

there is an address change. Failure to do so could result in

court orders or other information not being timely delivered,

which could affect the parties' legal rights.

BY THE COURT:

 

 JAMES T. GILES, CH. J. 

 

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