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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

DWIGHT J PORTER,

Plaintiff,

v. CASE NO. 5:10-cv-00206-RS -GRJ

BAXTER, et al,

Defendants.

_____________________________/

O R D E R

Plaintiff, an inmate, proceeding pro se and in forma pauperis, filed a third

amended civil rights complaint pursuant to 42 U.S.C. § 1983. (Doc. 25). The complaint

is sufficient to alert Defendants to the nature and basis of Plaintiff's claims and Plaintiff

has now provided sufficient copies of the pleading so that service is appropriate.

Accordingly, it is 

ORDERED:

1. The docket shall reflect that there are six Defendants in this action: Asst.

Warden Douglas, Colonel Baxter, Captain Lee, Officer Simmons, Pamela

Durance, and Captain Tyson, all of whom are employed at Graceville Work Camp,

5230 Ezell Road, Graceville, Florida 32440-4289.1

2. The clerk shall issue summonses, indicating that Defendants have sixty

(60) days in which to file a response to the complaint, and refer the summonses, a copy

of this order for each Defendant, the service copies of the third amended complaint, the

 The Court will use the address for this facility as it is listed on the Department 1

of Corrections website.
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completed USM-285 forms, the completed AO-398 forms and a copy of each, and two

AO-399 forms 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.

3. Pursuant to Rule 4(d) of the Federal Rules of Civil Procedure, the USMS

shall send a copy of the third amended complaint, a copy of this order, a completed

AO-398 form and a copy thereof, a AO-399 form, and a prepaid means of compliance

to each Defendant through first class mail. The USMS shall mail the forms to

Defendants as soon as 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.

4. If after thirty (30) days from the mailing of the waiver of service forms and

the complaint a Defendant has not returned the waiver of service form (AO-399 form),

the USMS shall personally serve that 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 all costs incurred of making such personal service.

5. 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 a Defendant is

returned unexecuted, or if the USMS has filed a statement of costs incurred for making

personal service.

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

complaint. 

7. No motion for summary judgment shall be filed by any party prior to entry

of an initial scheduling order without permission of the court.

8. Counsel for Defendants shall file a notice of appearance within twenty

Case No: 5:10-cv-00206-RS -GRJ
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(20) days of the date of service of the complaint.

9. Once a response to the complaint is filed, no amendments to the

complaint shall be permitted by the court unless, as required by Rule 15 of the Federal

Rules, Plaintiff files a separate motion for leave to so amend and provides a copy of the

proposed amended complaint.

10. After a response to the complaint has been filed by a Defendant, Plaintiff

shall be required to mail to the attorney for that Defendant a copy of every pleading or

other paper, including letters, submitted for consideration by the court. Plaintiff shall

include with the original paper to be filed with the clerk of court a certificate of service

stating the date a correct copy of the paper was mailed to Defendant or to the attorney

representing Defendant. Any paper submitted for filing after a response to the

complaint has been filed by a Defendant which does not contain a certificate of

service shall be returned by the clerk and disregarded by the court.

11. In accordance with 28 U.S.C. § 636(c)(2), the clerk shall 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 he should sign the form and forward it to

counsel for a Defendant, who, if that Defendant consents, shall sign and forward it to

counsel for another Defendant, who shall return it to the clerk only if that Defendant

also consents.

12. 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

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relocated. Failure to do so may result in the dismissal of Plaintiff’s action for failure to

prosecute if court orders are not able to reach Plaintiff. 

DONE AND ORDERED this 12 day of January, 2011. th

s/Gary R. Jones

GARY R. JONES

United States Magistrate Judge

Case No: 5:10-cv-00206-RS -GRJ