Davis v. McDaniel et al
| Michael Davis |
| McDaniel, Szczygiel and Rehim |
| 3:2016cv01287 |
| July 28, 2016 |
| US District Court for the District of Connecticut |
| New Haven Office |
| Tolland |
| Jeffrey A. Meyer |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
11
INITIAL REVIEW ORDER. For the reasons stated in the attached Order, the Court enters the following orders: (1) The complaint will proceed on the claim against all defendants for use of excessive force. (2) The Clerk shall verify the current work addresses of defendants McDaniel, Szczygiel and Rehim with the Department of Correction Office of Legal Affairs, mail a waiver of service of process request packet to each defendant at the confirmed address within twenty-one (21) days of this O rder, and report to the court on the status of the waiver request on the thirty-fifth (35) day after mailing. If any defendant fails to return the waiver request, the Clerk shall make arrangements for in-person service by the U.S. Marshals Service on the defendant in his or her individual capacity and the defendant shall be required to pay the costs of such service in accordance with Federal Rule of Civil Procedure 4(d). (3) The Clerk shall prepare a summons form and send an official capaci ty service packet to the U.S. Marshal Service. The U.S. Marshal is directed to effect service of the complaint on the defendants in their official capacities at the Office of the Attorney General, 55 Elm Street, Hartford, CT 06141, within twenty-one (21) days from the date of this order and to file a return of service within thirty (30) days from the date of this order. (4) The Clerk shall send written notice to plaintiff of the status of this action, along with a copy of this Order. ( 5) The Clerk shall send a courtesy copy of the Complaint and this Ruling and Order to the Connecticut Attorney General and the Department of Correction Office of Legal Affairs. (6) The defendants shall file their response to the complaint, eithe r an answer or motion to dismiss, within sixty (60) days from the date the waiver form is sent. If they choose to file an answer, they shall admit or deny the allegations and respond to the cognizable claim recited above. They also may include any an d all additional defenses permitted by the Federal Rules. (7) Discovery, pursuant to Federal Rules of Civil Procedure 26 through 37, shall be completed within seven months (210 days) from the date of this order. Discovery requests need not be fi led with the court. (8) All motions for summary judgment shall be filed within eight months (240 days) from the date of this order. (9) Pursuant to Local Civil Rule 7(a), a nonmoving party must respond to a dispositive motion within twenty- one (21) days of the date the motion was filed. If no response is filed, or the response is not timely, the dispositive motion can be granted absent objection. (10) If plaintiff changes his address at any time during the litigation of this case, Local Court Rule 83.1(c)2 provides that the plaintiff MUST notify the court. Failure to do so can result in the dismissal of the case. Plaintiff must give notice of a new address even if he is incarcerated. Plaintiff should write PLEASE NOTE MY NEW ADDRESS on the notice. It is not enough to just put the new address on a letter without indicating that it is a new address. If plaintiff has more than one pending case, he should indicate all of the case numbers in the notification of change of addr ess. Plaintiff should also notify the defendant or the attorney for the defendant of his new address. (11) Plaintiff shall utilize the Prisoner Efiling Program when filing documents with the court. It is so ordered. Signed by Judge Jeffrey A. Meyer on 9/2/16. (Levenson, C.)
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