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possible so that service or waiver of service can be completed within 120 days from the
date of entry of this order on the docket.

3. If after thirty (30) days from the mailing of the waiver of service forms
and the complaint Defendant has not returned the waiver of service form (NUSM 1
form), the USMS shall personally serve Defendant pursuant to Rule 4(e) of the
Federal Rules of Civil Procedure. Upon completion of service, the USMS shall file
with the clerk the return and a written statement of ali costs incurred of making such
personal service.

4. The Clerk shall refer this file to the undersigned if the waiver form is
returned for insufficient address or for similar reason, if service on Defendant is
returned unexecuted, or if the USMS has filed a statement of costs incurred for making
personal service.

5. Defendants shall have sixty (60) days in which to file a response to the
complaint.

6. No motion for summary judgment shall be filed by any party prior to entry
of an initial scheduling order without permission of the court.

7. Counsel! for Defendant shall file a notice of appearance within twenty (20)
days of the date of service of the complaint.

DONE AND ORDERED this 18" day of March, 2011.

é LGeany. F Sone

GARY R. JONES
United States Magistrate Judge

Case No: 4:10-cv-00111-WS -GRJ


Page 40f5

to the attorney for each Defendant a copy of every pleading or other paper, including
letters, submitted for consideration by the Court. Plaintiff shall include with each
pleading, motion, or other paper to be filed with the Clerk of the Court a certificate
stating the date an identical copy of the paper was mailed to each Defendant or to the
attorney representing each Defendant. Any paper so submitted for filing that does not
contain a “certificate of service" shall be returned by the Clerk and disregarded by the
Court.

13. Plaintiff is reminded to keep the Clerk of Court advised of any change in his
mailing address should he be transferred, released from prison, or otherwise be
relocated. Failure to do so may result in the dismissal of Plaintiff's action for failure to
prosecute should court orders not be able to reach Plaintiff.

With regard to Defendant Maximo Velasco:

41. The Clerk shall re-issue summons for Defendant Velasco iD

QE in icating that he has sixty (60) days in which to
file a response to the complaint, and refer the summons, a copy of the complaint (Doc.
19), a copy of this order, the completed USM-285 form, the completed AO-398 form
and a copy thereof, and a NUSM 1 form to the United States Marshals Service (USMS).
Pursuant to Fed. R. Civ. P. 4(c)(2), all costs of service shall be advanced by the United
States.

2. Pursuant to Rule 4(d) of the Federal Rules of Civil Procedure, the USMS
shall send a copy.of the complaint, a copy of this order, a completed AO-398 form and
a copy thereof, a NUSM ‘form, and a prepaid means of compliance to the Defendant
through first class mail. The USMS shall mail the forms to Defendant as soon as

Case No: 4:10-cv-00111-WS -GRJ


Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

ETHAN R GORDON,

Plaintiffs,
v. CASE NO. 4:10-cv-00111-WS-GRJ
P LEMON, et al,

Defendants.

/

THIRD SERVICE ORDER

Service efforts by the United States Marshals Service upon Defendants Hazel
Francis and Maximo Velasco have been unsuccessful. (Docs. 40 and 43.) The service
materials addressed to the special process server, Henry Boyd, at Wakulla Correctional
Institution for Defendant Francis, were returned by Wakulla Correctional Institution with
the notation, “Return to Sender, Unauthorized, DC# Number must be on mail.” (Doc.
-43.) The return did not include any explanation about the meaning of “unauthorized
DC#.” Apparently, the staff at Wakulla was under the impression that Mr. Boyd was an
inmate and not a retired employee.

Accordingly, the United States Marshals Service is directed to serve Ms. Francis
at Wakulla Cl by addressing the envelope to “Sherry Allbritton, Litigation Coordinator” to
avoid any further confusion.

Service was also returned unexecuted on Maximo Velasco at the last known
address provided in confidence by the FDOC. This mailing was marked “UTF.” A more
current address has been located for Velasco which will be provided in confidence to

the United States Marshals Service so that service may be attempted at that location.


Page 2 of 5
The'Clerk is directed to redact the address for Velasco before posting this Order
on the docket and before mailing a copy to the Plaintiff.

Accordingly, it is ORDERED:

With regard to Defendant Hazel Francis:

1. The Clerk shall issue summons for Defendant Hazel Francis, employed at
Wakulla Correctional Institution, 110 Melaleuca Drive, Crawfordville, FL 32327,
indicating that she has sixty (60) days in which to file a response to the complaint, and
refer the summons to the United States Marshals Service, along with the service copies
of Plaintiffs Second Amended Complaint (Doc. 19).

2. The Clerk shall also prepare and send the Marshal a copy of this order for
the Defendant.

3. Pursuant to Rule 4(c), Federal Rules of-Civil Procedure, Sherry Allbritton is
specially appointed to serve process upon Defendant Francis at Wakulla Cl.

4. Within 30 days from the date of entry of this order on the docket, the United
States Marshal or a Deputy United States Marshal shall serve a copy of the civil rights
complaint, a summons, and this order upon the Defendant. Service shall be
accomplished by mailing these documents by reguiar mail to the above named
special process server who shall serve the complaint. The envelope shall be
addressed to “Sherry Allbritton, Litigation Coordinator” at Wakulla Cl. Ail costs of
service shall be advanced by the United States.

5. Within 10 days after receipt of the complaint and this order, Sherry Allbritton

shall serve the complaint upon the individuals named above, complete and sign

Case No: 4:10-cv-00111-WS -GRJ


Page 3 of 5
the return of service, and return it to the Clerk of Court as proof of service. Defendants
shall also sign the return of service as an acknowledgment of receipt of service.

6. If any Defendant is no longer employed at the designated institution or facility,
or is otherwise unable to be served, the server shall report this information to the Clerk
of Court within 10 days after receipt of the complaint and this order. /f service is
returned unexecuted, or if a return is not filed within forty-five (45) days from the date of
this order, the Clerk of Court shall immediately notify Chambers.

7. Defendants shall have 60 days in which to file a response to the complaint.

8. No motion for summary judgment shall be filed by any party prior to entry of
an Initial Scheduling Order without permission of the Court.

9. Counsel for Defendants shall file a notice of appearance within twenty (20)
days of the date of service.

10. Plaintiff is advised that after a response to the complaint has been filed, no
further amendments to the complaint shall be permitted by the Court unless, as
required by Rule 15 of the Federal Rules of Civil Procedure, Plaintiff files a separate
motion for leave to so amend and provides a copy of the proposed amended complaint.
N.D. Fla. Loc. R. 15.1.

11. In accordance with 28 U.S.C. § 636(c)(2), the Clerk shail forward to Plaintiff
a form for consenting to trial by the magistrate judge, with the case number written on it.
If Plaintiff wishes to consent, the form should be signed and forwarded to counsel for
Defendants. If Defendants wish to consent, the form should be signed and returned to
the Clerk.

12. After a notice of appearance has been filed, Plaintiff shall be required to mail

Case No: 4:10-cv-00111-WS -GRJ