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Hines v. State

United States District Court, D. Minnesota

January 3, 2019

Fredrick DeWayne Hines, Plaintiff,
v.
State of Minnesota; Minnesota Department of Corrections; Lori Swanson; Mike Dayton; Tom Roy; John Hoffman; Shane E. Wernsing; Lon Augdahl; Stephan Cranna; Jessica Buberl; James Clint Zuleger; “Commissioner of Human Services John or Jane Doe”; Michelle Smith; David Rheisus; Sherilinda Wheeler; Deborah MacNeill; Eric Nelson; Hannah Lindeman; Elizabeth Beth Strunk; Mary Spaniol; Lindsey Jennelle; Cynthia Herme; Diane Medchill; Carlirae Ronning; Mary A. Bergstad; Matthew Marsh; Jenny MacNeill; Andy DuBois; Nanette Larson; Mike Hermerding; John Melvin; Barb Manor; Amber Swanson; Elaine Crowern; “Jane Doe Skinny Minnie, RN MCF-OPH”; Carla Thompson; Kathy Reid; Brenda Smith; Katherine Uhl; Jamie Peterson; “John Doe, RN MCF-OPH”; Coleen Loucks; Danielle Kenyon; Truman Clate; Dana Hill; Bronson Austrenge; Brian Bradley; “Lt. Unknown Hagen CX-5 & MHU-CX-4 PREA Investigator”; “Lt. Unknown Monfur CX-5 & MHU-CX-4 PREA Investigator”; Chad Oye; “Lt. N. Witter PREA Investigator”; Jeffrey Gutzmer; “Sgt. S. Swanson CX-5”; Tim Farmer; Matthew Johnson; Glen Lisowy; “Sgt. Unknown Bikney CX-5”; “Sgt. Unknown Grandstand CX-5”; “Sgt. Unknown Foster CX-4”; Lon Hovak; Craig Thacker; Christopher Ewald; Matthew Cash; “Unknown Speilman CX-5 & MHU-CX-4”; “D. Strickland CX-5”; “B. Lor CX-5”; “Unknown Giraud CX-5 & MHU-CX-4”; “Unknown Uhl CX-5”; Bret Rangstich; “S. Stanley CX-5 & MHU-CX-4”; “Unknown Kosh CX-5 & MHU-CX-4”; Victor Torres; “Unknown Jackson CX-5 & CX-4”; Jerry Thor; Adam Perry; “Unknown Berts CX-5 & MHU-CX-4”; “J. Priase CX-5; CX-4”; Briah Rhor; Carlton Perry; “J. Fredrick CX-5 & MHU-CX-4”; “Unknown Minke CX-5 & MHU-CX-4”; “F. Wilson CX-5 & MHU-CX-4”; “Unknown Antilla CX-5 & MHU-CX-4”; “Unknown Minneto CX-5 & MHU-CX-4”; “Unknown Graves CX-5 & MHU-CX-4”; “K. Fisher CX-5 & MHU-CX-4”; “C. Smith CX-5, CX-4”; Mic Klin; Brandon Huynh; “J. Smith CX-5, CX-4”; Anthony Crea; “Unknown O'Neill ACU, CX-5 & CX-4”; Doug Witte; Todd Bergstad; “Unknown O'Neill CX-5-MHU, CX-4 & ACU-Unit”; “A. Yates CX-5 & CX-4”; James Toughy; and “Inmate Drama CX-4”; Defendants.

          ORDER

          BECKY R. THORSON UNITED STATES MAGISTRATE JUDGE

         IT IS HEREBY ORDERED that:

         1. The application to proceed in forma pauperis of Plaintiff Fredrick Dewayne Hines (Doc. No. 2) is GRANTED. Hines shall pay the unpaid balance of the statutory filing fee for this action ($350) in the manner prescribed by 28 U.S.C. § 1915(b)(2), and the Clerk of Court shall provide notice of this requirement to the authorities at the institution where Hines is confined.

         2. Hines must submit a properly completed Marshal Service Form (Form USM-285) for each Defendant. If Hines does not complete and return the Marshal Service Forms within 30 days of this order, it will be recommended that this matter be dismissed without prejudice for failure to prosecute. Marshal Service Forms will be provided to Hines by the Court.

         3. After the return of the completed Marshal Service Forms, the Clerk of Court is directed to seek waiver of service from all Defendants in their personal capacities, consistent with Rule 4(d) of the Federal Rules of Civil Procedure.

         4. If a Defendant sued in his or her personal capacity fails without good cause to sign and return a waiver within 30 days of the date that the waiver is mailed, the Court will impose upon that Defendant the expenses later incurred in effecting service of process. Absent a showing of good cause, reimbursement of the costs of service is mandatory and will be imposed in all cases in which a Defendant does not sign and return a waiver of service form. See Fed. R. Civ. P. 4(d)(2).

         5. The U.S. Marshals Service is directed to effect service of process on all Defendants in their official capacities (with the State of Minnesota) consistent with ...


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