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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

DENNIS FREEMAN,

Plaintiff,

v. CASE NO. 4:11-cv-00037-WS-GRJ

SECRETARY, FLORIDA DEPARTMENT 

OF CORRECTIONALS,

Defendant.

_____________________________/

O R D E R

Plaintiff is a prisoner proceeding pro se, alleging that the policy of the Florida

Department of Corrections, codified at Fla. Admin. Code. Ann. r. 33-602.22, violates his

First Amendment rights by restricting him to religious reading materials only while in

disciplinary confinement. (Doc. 1.) Plaintiff was initially granted leave to proceed as a

pauper. (Doc. 3.) Plaintiff, however, has now paid the full filing fee. (Doc. 7.) As such,

Plaintiff is responsible for serving the complaint upon the Defendant. Service by the

United States Marshals Service is available only to those persons proceeding IFP or

upon special request. Fed. R. Civ. P. 4(c)(3).

Even though Plaintiff is not an attorney it is his responsibility to follow the

applicable rules for service. Plaintiff is reminded that defendants must be served within

120 days from the date of the filing of the complaint. Fed. R. Civ. P. 4(m). The

complaint was filed on January 25, 2011. (Doc. 1.) Extensions of this deadline may be

granted upon a showing of good cause. Fed. R. Civ. P. 4(m).

There are two ways to serve a Defendant, either through personal service
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(formal service), which means delivering a copy of the complaint and summons to the

Defendant, or by requesting that the Defendant waive formal service. The waiver of

service is the most cost effective means of serving a Defendant.

To effect formal service of process, the Defendant must be personally delivered

a copy of the complaint and a summons that will be issued to Plaintiffs by the Clerk of

this court. The forms will be sent to him in blank, but he must complete the names and

addresses and return them before the Clerk will sign and issue them. Such personal

delivery may be made by anyone who is at least 18 years of age and is not a party to

this action.

Alternatively, Rule 4(d) allows Plaintiff the option of sending an individual or

corporate defendant a notice of the commencement of the action and a request that the

Defendant waive formal service of process. If the Defendant fails to return the waiver

form (which Plaintiff must enclose), Plaintiff must formally serve the Defendant, and the

Defendant may be liable for costs of formal service. Plaintiff should thoroughly review

Rule 4 before attempting service by either of the above methods. 

Accordingly, it is

ORDERED:

1. The Clerk shall forward to Plaintiff a copy of Fed. R. Civ. P. 4, one blank

summons and two copies of AO 398, so that Plaintiff may request the Defendant to

waive formal service, if applicable.

2. If Plaintiff elects to attempt formal service, he shall complete each summons

and return to the Clerk within 20 days of this date. If the summonses are completed

and returned, the Clerk shall issue a summons for each defendant indicating that they

Case No: 4:11-cv-00037-WS -GRJ
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have twenty-one (21) days to respond to the complaint.

3. Plaintiff is reminded that it is his responsibility to serve Defendants within 120

days of the filing of the original complaint. Failure to timely serve Defendants in this

case will result in a recommendation to the District Judge that the case be dismissed.

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

required to mail to the attorney for the Defendants a copy of every pleading or other

paper, including letters, submitted for consideration by the Court. Plaintiff must include

with the original paper to be filed with the Clerk of Court a certificate of service which

states the date a correct copy of the paper was mailed to the Defendants or the

attorney representing the Defendants. Any paper submitted for filing after a response

to the complaint has been filed by the Defendants which does not contain a certificate

of service shall be returned by the Clerk and disregarded by the Court.

DONE AND ORDERED this 18 day of March, 2011. 

th

s/Gary R. Jones 

GARY R. JONES

United States Magistrate Judge

Case No: 4:11-cv-00037-WS -GRJ