Opinion
Civil Action 22-1506 (SDW) (SDA)
08-22-2024
ROBERT DEREK LURCH, JR., Plaintiff, v. POLICE OFFICER DANIEL BERNAL, et al., Defendants.
NOT FOR PUBLICATION
WHEREAS OPINION AND ORDER
SUSAN D. WIGENTON, U.S.D.J.
THIS MATTER having come before this Court upon pro se Plaintiff Robert Derek Lurch, Jr.'s (“Plaintiff”) Motion for Default Judgment or to Compel Defendants to Answer Plaintiff's Complaint (D.E. 42 (“Motion”)); and
WHEREAS Plaintiff has not effected service of the Amended Complaint upon Defendants Dr. Ariel Sena and R.N. Robson Roblett (the “New Defendants”); and
WHEREAS this Court previously ordered that Plaintiff be permitted to effect service upon the New Defendants using the USM-285 form (D.E. 34); and
WHEREAS Plaintiff requested assistance with obtaining the service addresses for the New Defendants (D.E. 36); and
WHEREAS Plaintiff's request was denied as moot (D.E. 40) given that Plaintiff included service addresses for the New Defendants in the Amended Complaint (D.E. 39); therefore
IT IS, on this 22nd day of August 2024,
ORDERED that the Clerk of Court shall send Plaintiff sufficient copies of the USM-285 forms to obtain service of the Amended Complaint on the New Defendants; and it is further
ORDERED that Plaintiff shall have thirty (30) days within the entry of this Order to complete and return the USM-285 forms with the New Defendants' addresses to the Clerk of Court, Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Newark, N.J. 07101; and it is further
ORDERED that upon receipt of the completed forms by the Clerk of the Court, the Clerk shall issue summons, and a United States Marshal shall serve a copy of the amended complaint (D.E. 39), summons, and this Order upon Defendants Dr. Ariel Sena and R.N. Robson Roblett, pursuant to 28 U.S.C. § 1915(d), with all costs of service advanced by the United States; and it is further
ORDERED that Defendants Dr. Ariel Sena and R.N. Robson Roblett shall file and serve a responsive pleading within the time specified in Federal Rule of Civil Procedure 12, pursuant to 42 U.S.C. § 1997e(g)(2); and it is further
ORDERED that the Clerk of Court shall administratively terminate Plaintiff's Motion and shall serve a copy of this Order on Plaintiff by regular mail.
SO ORDERED.
Stacey D. Adams, U.S.M.J.