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Dimmick v. Bourdon

United States District Court, D. Utah

January 4, 2017

DUSTIN J. DIMMICK, Plaintiffs,
v.
KRISTIE BOURDON et al., Defendants.

          MEMORANDUM DECISION & THIRD ORDER REQUIRING SERVICE OF PROCESS

          Robert J. Shelby, District Judge

         For a second time, the Court ordered service of this prisoner civil-rights complaint on the following defendants:

Kristie Bourdon, parole officer Eric Peterson, Attorney General's Office Clark Harms, Utah Board of Pardons (BOP) member Angela Micklos, BOP member Curtis Garner, BOP chairman Jesse Gallegos, BOP member Robert Yeates, BOP member

         However, the summonses were for a second time returned unexecuted as to each one.

         The Court again orders service of process on all the above-listed defendants. The Court has since obtained more correct addresses for each defendant. Clerk shall issue summons to be served upon Defendants. The United States Marshals Service (USMS) is directed to serve a properly issued summons and a copy of Plaintiff's Amended Complaint, along with this Order, upon the above-listed defendants.

         Once served, Defendants shall respond to the summons in one of the following ways:

(A) If Defendants wish to assert the affirmative defense of Plaintiff's failure to exhaust administrative remedies in a grievance process, Defendants must,
(i) within 20 days of service, file an answer;
(ii) within 90 days of filing an answer, prepare and file a Martinez report limited to the exhaustion issue[1]; and,
(iii) within 120 days of filing an answer, file a separate summary judgment motion, with a supporting memorandum.
(B) If Defendants choose to challenge the bare allegations of the Complaint, Defendants shall, within 20 days of service,
(i) file an answer; or
(ii) file a motion to dismiss based on Federal Rule of Civil Procedure 12(b)(6).
(C) If Defendants choose not to rely on the defense of failure to exhaust and wish to pierce the allegations of the ...

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