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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

DERREL THOMAS, JR.,

Plaintiff,

vs. Case No: 4:11-cv-46-MP-GRJ

JORAM PEREZ,

OFFICER BRADSHAW, and

OFFICER BOCCACCIO,

Defendants.

_______________________________/

O R D E R

This case is before the Court on Doc 20, an unexecuted summons for Defendant

Officer Bradshaw that was returned with a notation that Officer Bradshaw is now

employed at Jefferson Correctional Institution (“Jefferson C.I.”) and Doc. 21, an

unexecuted summons for Defendant Joram Perez that was returned with a notation that

Perez no longer works for the Florida Department of Corrections. Because Defendant

Perez remains to be served, the Court will direct the Florida Department of Corrections

to notify the Court whether there is a forwarding address for Defendant Perez and, if so,

to provide that address in confidence to the United States Marshals Service. Similarly,

the Court will also order that Defendant Officer Bradshaw be served at Jefferson C.I.

Accordingly, it is hereby ORDERED:

1. The Clerk shall issue summonses for Defendants Perez and Officer

Bradshaw indicating each Defendant has 60 days in which to file a

response to the complaint.

2. The Clerk shall send the summons for Defendant Perez, a copy of this

order, and a copy of the First Amended Complaint (Doc. 17), to

Alexandria Walters, Assistant General Counsel for the Department of

Corrections, 501 S. Calhoun Street, Tallahassee, FL 32399-2500.

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3. The Office of the General Counsel for the Department of Corrections shall

have thirty (30) days from the date of this Order within which to: (1)

inform the USMS office in Gainesville in confidence of the last known

address of Defendant Perez; or (2) enter an appearance on behalf of

Defendant Perez; or (3) advise the Court that neither alternative is

possible. If the address is provided to the USMS, the Assistant General

Counsel shall file an appropriate notice with the Court. In such event,

the Assistant General Counsel shall also forward to the USMS the

copy of this order, the summons, and the service copy of the

complaint. The USMS shall protect the confidentiality of any address

provided by the Department of Corrections as required by Florida

law, and shall not disclose any such information on any document

filed with the Court. Upon the filing of such notice, the Court will issue

further instructions for service of process.

4. Pursuant to Rule 4(c), Federal Rules of Civil Procedure, Darlene

Lumpkin is specially appointed to serve process upon Defendant Officer

Bradshaw at the Jefferson Correctional Institution, a facility within the

Florida Department of Corrections. In the absence of Darlene Lumpkin,

the specially appointed process server designated above, Claudene Hall

is designated as an alternate server and shall comply with this Order as

though issued in her name. 

5. The Clerk shall send the summons prepared for Officer Bradshaw to the

United States Marshal, along with a copy of Plaintiff's First Amended

Complaint (Doc. 17) and this Order. 

6. Within 10 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 First Amended Complaint, a summons, and this Order upon

Defendant Bradshaw. Service shall be accomplished by mailing these

documents by regular mail to the above named special process

server who shall serve the Complaint. All costs of service shall be

advanced by the United States.

7. Within 10 days after receipt of the complaint and this order, Darlene

Lumpkin shall serve the First Amended Complaint upon Officer

Bradshaw, complete and sign the return of service, and return it to the

Clerk of Court as proof of service. Defendant Officer Bradshaw shall

also sign the return of service as an acknowledgment of receipt of

service.

DONE AND ORDERED this 20 day of December 2011. 

th

s/Gary R. Jones 

GARY R. JONES

United States Magistrate Judge

Case No: 4:11-cv-46-MP-GRJ

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