United States District Court, S.D. Georgia, Dublin Division
K. EPPS, UNITED STATES MAGISTRATE JUDGE
has paid the $400.00 filing fee in the above-captioned case.
Because he is proceeding pro se, the Court will
provide him with basic instructions regarding the development
and progression of this case.
Plaintiff is responsible for serving Defendants. The Clerk of
Court will provide Plaintiff with an appropriate number of
copies of (1) the notice of lawsuit and request to waive
service of summons form, and (2) the waiver of service of
summons form.To properly request that the individual
Defendants waive personal service, Plaintiff must:
(1) complete both forms for each individual defendant; and
(2) mail the completed notice form, along with a copy of the
file-stamped complaint and two waiver forms, to each of the
individual defendants by first class mail, with a prepaid
means for returning the waiver form, and request that the
defendant waive formal service of the summons.
Fed. R. Civ. P. 4(d).
defendants have a duty to avoid unnecessary costs of serving
the summons, and any defendant who fails to comply with the
request for waiver must bear the costs of personal service
unless good cause can be shown for the failure to return the
waiver. Fed.R.Civ.P. 4(d)(2). A defendant whose return of the
waiver is timely does not have to answer the complaint until
sixty days after the date Plaintiff mails the request for
waiver. Fed.R.Civ.P. 4(d)(3). However, should a defendant
choose not to waive formal service of the summons, Plaintiff
is still responsible for properly effecting service of the
summons and complaint. Fed.R.Civ.P. 4(c)(1).
is HEREBY NOTIFIED that he has ninety days from the date he
filed this lawsuit to serve Defendants, and failure to do so
may result in their dismissal from this lawsuit or dismissal
of this case. Fed.R.Civ.P. 4(m).
ORDERED THAT Plaintiff shall serve upon Defendants, or upon
their attorneys if appearances have been entered by counsel,
a copy of every further pleading or other document submitted
to the Court. Plaintiff shall include with the papers to be
filed a certificate stating the date a true and correct copy
of any document was mailed to Defendants or their counsel.
Fed.R.Civ.P. 5; Loc. R. 5.1. Every pleading shall contain a
caption setting forth the name of the court, the title of the
action, and the file number. Fed.R.Civ.P. 10(a). Any paper
received by a District Judge or Magistrate Judge that has not
been properly filed with the Clerk of Court or that fails to
include a caption or certificate of service will be returned.
Plaintiff's duty to cooperate fully in any discovery that
may be initiated by Defendants. Upon being given at least
five days notice of the scheduled deposition date, Plaintiff
shall appear and permit his deposition to be taken and shall
answer, under oath and solemn affirmation, any question that
seeks information relevant to the subject matter of the
pending action. Failing to answer questions at the deposition
or giving evasive or incomplete responses to questions will
not be tolerated and may subject Plaintiff to severe
sanctions, including dismissal of this case.
Defendants shall ensure that Plaintiff's deposition and
any other depositions in the case are taken within the
140-day discovery period allowed by this Court's
this action is pending, Plaintiff shall immediately inform
this Court and opposing counsel of any change of address.
Failure to do so will result in dismissal of this case.
must pursue this case and failure to do so may result in
dismissal for want of prosecution. Fed.R.Civ.P. 41; Loc. R.
41.1. If Plaintiff wishes to obtain facts and information
about the case from Defendants, Plaintiff must initiate
discovery. See generally Fed. R. Civ. P. 26 through
37 (containing the rules governing discovery and providing
for the basic methods of discovery). Plaintiff should begin
discovery promptly and complete it within four months after
the filing of the first answer of a defendant named in the
are a practical method of discovery for pro se
litigants. See Fed.R.Civ.P. 33. Interrogatories
shall not contain more than twenty-five questions.
Id. Plaintiff must have the Court's permission
to propound more than one set of interrogatories to a party.
Discovery materials should not be filed routinely with the
Clerk of Court. Exceptions include when the Court directs
filing; when a party needs such materials in connection with
a motion or response, and then only to the extent necessary;
and when needed for use at trial. If Plaintiff wishes to file
a motion to compel pursuant to Fed.R.Civ.P. 37, he should
first contact the attorney for Defendants and try to work out
the problem. If Plaintiff proceeds with the motion to compel,
he should file therewith a statement certifying that he has
contacted opposing counsel in a good faith effort to resolve
any dispute about discovery. Loc. R. 26.5.
must maintain a set of records for the case. If papers are
lost and new copies are required, these may be obtained from
the Clerk of the ...