United States District Court, D. Minnesota
MARVIN MUNT, PRO SE
RICHARD NELSON, UNITED STATES DISTRICT JUDGE
action brought under 42 U.S.C. § 1983, Plaintiff Joel
Marvin Munt, a prisoner at the Minnesota Correctional
Facility (“MCF”)-Oak Park Heights, asserts
retaliation claims against several officials and/or employees
of the Minnesota Department of Corrections
(“DOC”). (See Compl. [Doc. No. 1].)
the Court are: (1) Plaintiff's Application to Proceed in
District Court without Prepaying Fees or Costs (“IFP
Application”) [Doc. No. 2]; (2) Plaintiff's
Objections [Doc. No. 14] to Magistrate Judge Steven Rau's
December 4, 2018 Order [Doc. No. 12], staying the case; (3)
Plaintiff's Motion for a Temporary Restraining Order
(“TRO”) [Doc. No. 3]; and (4) Plaintiff's
Motion in Opposition to Order of Reassignment [Doc. No. 11].
For the reasons set forth the below, Munt's IFP
application is granted, his Objections to the December 4,
2018 Order are overruled as moot, his Motion for a TRO is
denied, his Motion in Opposition to Order of Reassignment is
denied, and the stay is lifted.
In Forma Pauperis (“IFP”)
Munt's IFP Application [Doc. No. 2] is
must submit a properly completed Marshal Service Form (Form
USM-285) for each Defendant. If Munt does not complete and
return the Marshal Service Forms within 30 days of this
order, this matter will be dismissed without prejudice for
failure to prosecute. The Clerk of Court is directed to
provide Munt with Marshal Service Forms.
After the return of the completed Marshal Service Forms, the
Clerk of Court is directed to seek waiver of service from
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).
U.S. Marshal's Service is directed to effect service of
process on Defendants in their official capacities as
officers or employees of the State of Minnesota consistent
with Rule 4(j) of the Federal Rules of Civil Procedure.
must pay the unpaid balance ($326.07) of the statutory filing
fee for this action 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 Munt is confined.
Objections to December 4, 2018 Order
magistrate judge noted in the December 4, 2018 Order, the
claims that Munt raises in the instant litigation are closely
related to claims and allegations that he asserted in another
lawsuit in this District, Munt v. Roy, No.
17-cv-5215 (SRN/SER). At the time of the December 4, 2018
Order, two Reports and Recommendations (“R &
Rs”), and Plaintiff's Objections to the same, were
pending in the 17-cv-5215 matter. In the two R & Rs, the
magistrate judge recommended that Defendants' Motion to
Dismiss be granted and that Plaintiff's Motions for
Injunctive Relief be denied. (See generally, Munt,
17-cv-5215 (SRN/SER), June 25, 2018 R & R [Doc. No. 58];
Oct. 15, 2018 R & R [Doc. No. 69].) This Court has since
adopted the magistrate judge's R & Rs, resulting in
the dismissal of Plaintiff's claims in the 17-cv-5215
suit. (Munt, 17-cv-5215 (SRN/SER), Jan. 10, 2019
Mem. Op. & Order [Doc. No. 83].)
light of the similar, possibly overlapping claims in the two
lawsuits, Magistrate Judge Rau stayed further proceedings in
the instant case, pending resolution of the undersigned
judge's review of Plaintiff's Objections ...