Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

IVAN HARVEY,

 Plaintiff,

vs. Case No: 3:09cv402/WS/MD

DR. ANDEM, et al.,

 Defendants.

O R D E R

Plaintiff, an inmate proceeding pro se and in forma pauperis, has filed a civil rights

complaint (doc. 1) under 42 U.S.C. § 1983 and the appropriate number of service copies

as directed by the court. Service of the complaint shall therefore be ordered, and the

defendants shall be required to respond. Plaintiff shall not file any reply to the defendants’

responses until ordered to do so by the court.

Accordingly, it is ORDERED:

1. The docket shall reflect that there are seven defendants in this action: Dr.

Andem, Dr. Lord, Dr. Thayers, Cathy Allin, Dr. Aviles, M. Nichols and Dr. Collins.

Plaintiff shall have ten days from the date of this order in which to notify the court if this is

incorrect.

2. The Clerk of Court shall issue summonses, indicating that defendants have

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

United States Marshals Service, along with the service copies of plaintiff's complaint.

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

each of the named defendants.

4. Pursuant to Rule 4(c), Federal Rules of Civil Procedure, Vicki Paulin is

specially appointed to serve process upon Dr. Andem at Holmes Correctional
Page 2 of 4

Institution. In the absence of Vicki Paulin, the specially appointed process server

designated above, Susan Peters is designated as an alternate server and shall comply

with this order as though issued in her name. 

5. Pursuant to Rule 4(c), Federal Rules of Civil Procedure, Barbara Hardoiun

is specially appointed to serve process upon Dr. Lord and Dr. Thayers at Reception and

Medical Center. In the absence of Barbara Hardoiun, the specially appointed process

server designated above, MaryLou McCleod is designated as an alternate server and

shall comply with this order as though issued in her name. 

6. Pursuant to Rule 4(c), Federal Rules of Civil Procedure, Linda Clance is

specially appointed to serve process upon Cathy Allin and Dr. Aviles at Union

Correctional Institution. In the absence of Linda Clance, the specially appointed

process server designated above, Cynthia Duncan is designated as an alternate server

and shall comply with this order as though issued in her name. 

7. Pursuant to Rule 4(c), Federal Rules of Civil Procedure, Terry Shaner is

specially appointed to serve process upon M. Nichols and Dr. Collins at Santa Rosa

Correctional Institution. In the absence of Terry Shaner, the specially appointed

process server designated above, Janine Cannon is designated as an alternate server

and shall comply with this order as though issued in her name. 

8. 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 a copy of this order upon each defendant. Service shall be

accomplished by mailing these documents by regular mail to the above named

special process servers who shall serve the complaints. All costs of service shall be

advanced by the United States.

9. Within 10 days after receipt of the complaints and this order, the special

process servers shall serve the complaints upon the individuals named above,

complete and sign 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.

Case No: 3:09cv402/WS/MD
Page 3 of 4

10. 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. If 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.

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

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

an Initial scheduling order without permission of the court. 

13. Counsel for defendants shall file a notice of appearance within thirty (30)

days of the date of service.

14. 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.

15. In accordance with 28 U.S.C. § 636(c)(2), the Clerk of Court 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, 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 of Court.

16. After a notice of appearance has been filed, plaintiff shall be required to mail

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 Court a certificate stating the date an

identical copy of the paper was mailed to defendants or to the attorney representing

defendants. 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.

17. 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.

Case No: 3:09cv402/WS/MD
Page 4 of 4

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. 

DONE AND ORDERED this 21 day of October, 2009. st

 /s/ Miles Davis

MILES DAVIS

UNITEDSTATES MAGISTRATE JUDGE

Case No: 3:09cv402/WS/MD