Opinion
Civil Action 22-1506 (SDW) (SDA)
09-11-2024
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NOT FOR PUBLICATION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 Reconsideration (D.E. 42 (“Motion”)); and
WHEREAS Defendant Daniel Bernal had previously been served with the First Amended Complaint (D.E. 9) on March 13, 2023 (D.E. 26); and
WHEREAS Plaintiff subsequently filed a Second Amended Complaint (D.E. 35) and Third Amended Complaint (D.E. 39); and
WHEREAS Defendant Daniel Bernal has not been served with the Third Amended Complaint, which is the operative complaint in this case; therefore
IT IS, on this 11th day of September 2024, ORDERED that the Clerk of Court shall send Plaintiff sufficient copies of the USM-285 forms to obtain service of the Third Amended Complaint on Defendant Daniel Bernal; and it is further
ORDERED that Plaintiff shall have thirty (30) days from the date of this Order to complete and return the USM-285 forms with Defendant Daniel Bernal's 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 Defendant Daniel Bernal, pursuant to 28 U.S.C. § 1915(d), with all costs of service advanced by the United States; and it is further
ORDERED that Defendant Daniel Bernal 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.