United States District Court, S.D. Georgia, Dublin Division
K. EPPS, UNITED STALES MAGISTRATE JUDGE
currently incarcerated at the Wheeler County Jail in Alamo,
Georgia, commenced the above-captioned case pursuant to 42
U.S.C. § 1983 regarding events allegedly occurring in
Telfair County, Georgia. Because he is proceeding in
forma pauperis (“IFP”), Plaintiff's
amended complaint must be screened to protect potential
defendants. Phillips v. Mashburn, 746 F.2d 782, 785
(11th Cir. 1984); Al-Amin v. Donald, 165 F.
App'x 733, 736 (11th Cir. 2006) (per curiam).
SCREENING OF THE AMENDED COMPLAINT
names Magistrate Judge Bryan Selph, Telfair County Drug
Investigator Jeffrey Deal, and Telfair County Sheriff's
Department as Defendants. Taking all of Plaintiff's
allegations as true, as the Court must for purposes of the
present screening, the facts are as follows.
February 7, 2017 at around 10:30 a.m., Defendant Deal
arrested Plaintiff at the Telfair County Courthouse. (Doc.
no. 1, p. 5.) Without being read his rights or having a
warrant issued, Plaintiff was sent straight to Coffee County
Jail to be housed. (Id.) Plaintiff was never given
an initial appearance within seventy-two hours as required by
O.C.G.A. § 17-4-26, and Judge Selph held a commitment
hearing for Plaintiff without notifying him of the time or
place. (Id.) Plaintiff seeks monetary compensation
for the “excessive days [he's] spending in
jail.” (Id. at 6.)
construing Plaintiff's allegations in his favor and
granting him the benefit of all reasonable inferences to be
derived from the facts alleged, the Court finds Plaintiff has
arguably stated a Fourth Amendment claim against
Defendant Deal. See Powell v. Nevada, 511 U.S. 79,
83 (1994) (holding failure to present defendant for probable
cause determination within forty-eight hours presumptively
violates Fourth Amendment); Cty. of Riverside v.
McLaughlin, 500 U.S. 44, 56-59 (1991) (same). In a
companion Report and Recommendation, the Court recommends
dismissal of Plaintiff's claims against Magistrate Judge
Bryan Selph and the Telfair County Sheriff's Office.
IS HEREBY ORDERED that service of process shall be
effected on Defendant Deal. The United States Marshal shall
mail a copy of the amended complaint (doc. no. 4) and this
Order by first-class mail and request that the defendants
waive formal service of the summons. Fed.R.Civ.P. 4(d).
Individual defendants have a duty to avoid unnecessary costs
of serving the summons, and if a defendant fails to comply
with the request for waiver, the defendant must bear the
costs of personal service unless good cause can be shown for
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 amended complaint until sixty days after the
date the Marshal mails the request for waiver. Fed.R.Civ.P.
4(d)(3). However, service must be effected within 90 days of
the date of this Order, and the failure to do so may result
in the dismissal of any unserved defendant or the entire
case. Fed.R.Civ.P. 4(m). Plaintiff is responsible for
providing sufficient information for the Marshal to identify
and locate the defendant to effect service.
IS FURTHER ORDERED that Plaintiff shall serve upon
the defendant, or upon his defense attorney if appearance has
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
the 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 the defendant. 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. The
defendant 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; if Plaintiff does not press the case
forward, the Court may dismiss it 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 the 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 last answer of a
defendant named in the amended complaint screened herein.
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 the 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 the defendant and try to work
out the problem; if Plaintiff proceeds with the motion to
compel, he should also file 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 ...