Anthony Lynn Couch, Sr. v. Amanda

Summary

This order directs the Clerk to attempt service of the plaintiff’s second amended civil rights complaint on Defendant Amanda at two specified addresses. It also explains the deadlines and procedural requirements for waiver of service, responsive pleadings, filings, motions, and communications with the Court.

Holdings

1. Because Plaintiff supplied two possible service addresses for Defendant Amanda, the court directed the Clerk to send the second amended complaint, the order, and waiver-of-service materials to Amanda at both addresses.
2. A defendant who timely returns a waiver of service must answer or file a Rule 12 motion within 60 days after the date designated on the notice of lawsuit; a defendant who is personally served must answer or file a permitted motion within 21 days after service.
3. Defendants filing motions to dismiss based on failure to exhaust administrative remedies or motions for summary judgment must serve the required Rand notice concurrently with the motion; failure to do so may result in the motion being stricken from the calendar with leave to refile.

Questions Presented

1. Whether the court should direct another attempt to serve Defendant Amanda after prior service materials were returned as undeliverable.
2. What response deadlines and filing procedures should govern the newly served defendant and the parties in this prisoner civil-rights action.
3. Whether defendants moving to dismiss for failure to exhaust administrative remedies or for summary judgment must provide a Rand notice to the pro se prisoner plaintiff.

Disposition

other