Opinion
CASE NO. 10-3167-SAC.
August 23, 2011
ORDER
This matter is before the court upon plaintiff's Second Amended Complaint (Doc. 14). Plaintiff asserts diversity jurisdiction under 28 U.S.C. § 1332. He seeks money damages from defendants for alleged negligent failure while he was an inmate at the CCA-Leavenworth to adhere to diet restrictions necessitated by his serious allergy to onions. Having screened the Second Amended Complaint, the court finds that even though Mr. Jones has not fully followed directions in the court's previous order, a responsive pleading is required.
IT IS THEREFORE BY THE COURT ORDERED that the clerk of the court shall prepare summons and waiver of service forms pursuant to Rule 4(d) of the Federal Rules of Procedure, to be served on defendants by a United States Marshal or a Deputy Marshal at no cost to plaintiff absent a finding by the court that plaintiff is able to pay such costs.
IT IS FURTHER ORDERED that the screening process under 28 U.S.C. § 1915A having been completed, this matter is returned to the clerk of the court for random reassignment pursuant to D.Kan.R. 40.1.
Copies of this Order shall be transmitted to plaintiff, to defendants, to the Secretary of Corrections, and to the Attorney General for the State of Kansas.