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Ramsey v. Carrol, 1:18cv336-LG-RHW. (2019)

Court: District Court, S.D. Mississippi Number: infdco20190802a39 Visitors: 1
Filed: Aug. 01, 2019
Latest Update: Aug. 01, 2019
Summary: ORDER ROBERT H. WALKER , Magistrate Judge . Pursuant to Plaintiff's Amended Complaint [45] filed on July 18, 2019, which added new Defendants in this case, it is, ORDERED that: 1. The Clerk of Court is directed to issue a Notice of Lawsuit and Request to Waive Service of a Summons for Defendants Unknown Walton, Unknown Casey, Unknown Leonard, Evan Hubbard, Beth Victoriano, Deborah Whittle, Unknown Gladshap, and Robert Immell. The Clerk is directed to attach a copy of this Order to a c
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ORDER

Pursuant to Plaintiff's Amended Complaint [45] filed on July 18, 2019, which added new Defendants in this case, it is,

ORDERED that:

1. The Clerk of Court is directed to issue a Notice of Lawsuit and Request to Waive Service of a Summons for Defendants Unknown Walton, Unknown Casey, Unknown Leonard, Evan Hubbard, Beth Victoriano, Deborah Whittle, Unknown Gladshap, and Robert Immell. The Clerk is directed to attach a copy of this Order to a copy of the Complaint [1]; Order [9], entered November 30, 2018 and Plaintiff's Response [11] filed December 6, 2018; Order [13] entered December 10, 2018; Order of Partial Dismissal [14] entered December 11, 2018; the Amended Complaint [45] filed July 18, 2019; the issued Notice, and the Waiver of the Service of Summons form and send via first class mail to Norris Hopkins, Hopkins, Barvie & Hopkins, PLLC, P.O. Box 1510, Gulfport, Mississippi 39502 for Defendants Unknown Walton, Unknown Casey, Unknown Leonard, Evan Hubbard, Beth Victoriano, Deborah Whittle, Unknown Gladshap, and Robert Immell. The Defendants are directed to file a signed Waiver form or a Response within 30 days.

If counsel is receiving this Order and is unable to execute a Waiver for a Defendant because the Defendant is not employed by the entity that counsel represents or because, after due diligence, counsel is unable to identify the Defendant from the Notice and Complaint, a Response should be filed. The Response from counsel should contain the name of the Defendant and, if previously employed by the entity counsel represents, the Response should contain the Defendant's last known address. If the Response contains a last known address it shall be filed under seal.

2. Defendants shall file an answer or other responsive pleading in this cause in accordance with the Federal Rules of Civil Procedure and the Local Rules of this Court.

3. That subpoenas shall not be issued except by order of the Court. The United States District Clerk shall not issue subpoenas upon request of the pro se litigant, but shall instead forward the request to the Magistrate Judge assigned to this case for review. Plaintiff shall submit all requests for issuance of subpoenas to the Magistrate Judge's office for review.

Plaintiff should understand that this Order allowing process to issue against the above named Defendants does not reflect any opinion of this Court that the claims contained in the Amended Complaint will or will not be determined to be meritorious. It is Plaintiff's responsibility to prosecute this case. Failure to advise this Court of a change of address or failure to comply with any Order of this Court will be deemed as a purposeful delay and contumacious act by Plaintiff and may result in the dismissal of this case.

SO ORDERED.

NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS

To: UNKNOWN WALTON

Why are you getting this?

A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the complaint is attached.

This is not a summons. It is a request that, to avoid expenses, you waive formal service of a summons by signing and filing the enclosed waiver. To avoid these expenses, you must file the signed waiver within 30 days from the date shown below, which is the date this notice was sent. One copy of the waiver form is enclosed.

What happens next?

When the signed waiver is filed, this action will proceed as if you had been served on the date the waiver is filed, but no summons will be served on you. And you will have 60 days from the date this notice is sent (see the date below) to answer the complaint.

If you do not file the signed waiver within the time indicated, the summons and complaint will be served on you by the United States Marshal. The Court will consider requiring you, or the entity you represent, to pay the expenses of making service.

Please read the enclosed statement about the duty to avoid unnecessary expenses.

Date: _______________ Arthur Johnston, Clerk of Court (Seal) By:___________________________ Signature of Clerk or Deputy Clerk

NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS

To: UNKNOWN CASEY

Why are you getting this?

A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the complaint is attached.

This is not a summons. It is a request that, to avoid expenses, you waive formal service of a summons by signing and filing the enclosed waiver. To avoid these expenses, you must file the signed waiver within 30 days from the date shown below, which is the date this notice was sent. One copy of the waiver form is enclosed.

What happens next?

When the signed waiver is filed, this action will proceed as if you had been served on the date the waiver is filed, but no summons will be served on you. And you will have 60 days from the date this notice is sent (see the date below) to answer the complaint.

If you do not file the signed waiver within the time indicated, the summons and complaint will be served on you by the United States Marshal. The Court will consider requiring you, or the entity you represent, to pay the expenses of making service.

Please read the enclosed statement about the duty to avoid unnecessary expenses.

Date: _______________ Arthur Johnston, Clerk of Court (Seal) By:___________________________________ Signature of Clerk or Deputy Clerk

NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS

To: UNKNOWN LEONARD

Why are you getting this?

A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the complaint is attached.

This is not a summons. It is a request that, to avoid expenses, you waive formal service of a summons by signing and filing the enclosed waiver. To avoid these expenses, you must file the signed waiver within 30 days from the date shown below, which is the date this notice was sent. One copy of the waiver form is enclosed.

What happens next?

When the signed waiver is filed, this action will proceed as if you had been served on the date the waiver is filed, but no summons will be served on you. And you will have 60 days from the date this notice is sent (see the date below) to answer the complaint.

If you do not file the signed waiver within the time indicated, the summons and complaint will be served on you by the United States Marshal. The Court will consider requiring you, or the entity you represent, to pay the expenses of making service.

Please read the enclosed statement about the duty to avoid unnecessary expenses.

Date: _______________ Arthur Johnston, Clerk of Court (Seal) By:___________________________ Signature of Clerk or Deputy Clerk

NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS

To: EVAN HUBBARD

Why are you getting this?

A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the complaint is attached.

This is not a summons. It is a request that, to avoid expenses, you waive formal service of a summons by signing and filing the enclosed waiver. To avoid these expenses, you must file the signed waiver within 30 days from the date shown below, which is the date this notice was sent. One copy of the waiver form is enclosed.

What happens next?

When the signed waiver is filed, this action will proceed as if you had been served on the date the waiver is filed, but no summons will be served on you. And you will have 60 days from the date this notice is sent (see the date below) to answer the complaint.

If you do not file the signed waiver within the time indicated, the summons and complaint will be served on you by the United States Marshal. The Court will consider requiring you, or the entity you represent, to pay the expenses of making service.

Please read the enclosed statement about the duty to avoid unnecessary expenses.

Date: _______________ Arthur Johnston, Clerk of Court (Seal) By:__________________________________ Signature of Clerk or Deputy Clerk

NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS

To: BETH VICTORIANO

Why are you getting this?

A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the complaint is attached.

This is not a summons. It is a request that, to avoid expenses, you waive formal service of a summons by signing and filing the enclosed waiver. To avoid these expenses, you must file the signed waiver within 30 days from the date shown below, which is the date this notice was sent. One copy of the waiver form is enclosed.

What happens next?

When the signed waiver is filed, this action will proceed as if you had been served on the date the waiver is filed, but no summons will be served on you. And you will have 60 days from the date this notice is sent (see the date below) to answer the complaint.

If you do not file the signed waiver within the time indicated, the summons and complaint will be served on you by the United States Marshal. The Court will consider requiring you, or the entity you represent, to pay the expenses of making service.

Please read the enclosed statement about the duty to avoid unnecessary expenses.

Date: _______________ Arthur Johnston, Clerk of Court (Seal) By:__________________________________ Signature of Clerk or Deputy Clerk

NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS

To: DEBORAH WHITTLE

Why are you getting this?

A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the complaint is attached.

This is not a summons. It is a request that, to avoid expenses, you waive formal service of a summons by signing and filing the enclosed waiver. To avoid these expenses, you must file the signed waiver within 30 days from the date shown below, which is the date this notice was sent. One copy of the waiver form is enclosed.

What happens next?

When the signed waiver is filed, this action will proceed as if you had been served on the date the waiver is filed, but no summons will be served on you. And you will have 60 days from the date this notice is sent (see the date below) to answer the complaint.

If you do not file the signed waiver within the time indicated, the summons and complaint will be served on you by the United States Marshal. The Court will consider requiring you, or the entity you represent, to pay the expenses of making service.

Please read the enclosed statement about the duty to avoid unnecessary expenses.

Date: _______________ Arthur Johnston, Clerk of Court (Seal) By:__________________________________ Signature of Clerk or Deputy Clerk

NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS

To: UNKNOWN GLADSNAP

Why are you getting this?

A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the complaint is attached.

This is not a summons. It is a request that, to avoid expenses, you waive formal service of a summons by signing and filing the enclosed waiver. To avoid these expenses, you must file the signed waiver within 30 days from the date shown below, which is the date this notice was sent. One copy of the waiver form is enclosed.

What happens next?

When the signed waiver is filed, this action will proceed as if you had been served on the date the waiver is filed, but no summons will be served on you. And you will have 60 days from the date this notice is sent (see the date below) to answer the complaint.

If you do not file the signed waiver within the time indicated, the summons and complaint will be served on you by the United States Marshal. The Court will consider requiring you, or the entity you represent, to pay the expenses of making service.

Please read the enclosed statement about the duty to avoid unnecessary expenses.

Date: _______________ Arthur Johnston, Clerk of Court (Seal) By:___________________________________ Signature of Clerk or Deputy Clerk

NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS

To: ROBERT IMMEL

Why are you getting this?

A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the complaint is attached.

This is not a summons. It is a request that, to avoid expenses, you waive formal service of a summons by signing and filing the enclosed waiver. To avoid these expenses, you must file the signed waiver within 30 days from the date shown below, which is the date this notice was sent. One copy of the waiver form is enclosed.

What happens next?

When the signed waiver is filed, this action will proceed as if you had been served on the date the waiver is filed, but no summons will be served on you. And you will have 60 days from the date this notice is sent (see the date below) to answer the complaint.

If you do not file the signed waiver within the time indicated, the summons and complaint will be served on you by the United States Marshal. The Court will consider requiring you, or the entity you represent, to pay the expenses of making service.

Please read the enclosed statement about the duty to avoid unnecessary expenses.

Date: _______________ Arthur Johnston, Clerk of Court (Seal) By:__________________________________ Signature of Clerk or Deputy Clerk

Source:  Leagle

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