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Duran v. Colbert

United States District Court, D. Utah

October 24, 2017

RAMIRO MARQUEZ DURAN, Plaintiff,
v.
SGT. COLBERT et al., Defendants.

          MEMORANDUM DECISION & ORDER DIRECTING SERVICE OF PROCESS & DISPOSITIVE MOTION

          Clark Waddoups United States District Judge

         Plaintiff, Ramiro Marquez Duran, a former inmate at Salt Lake County Jail, filed this pro se civil rights suit. See 42 U.S.C.S. § 1983 (2017). Plaintiff was allowed to proceed in forma pauperis. See 28 id. § 1915.

         Based on its review of the Amended Complaint, (see Docket Entry # 18), the Court concludes that official service of process is warranted. 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 following Salt Lake County defendants: Sgt. Colbert, Deputy B. Shupe, and Deputy Mcirt.

         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) file an answer, within twenty days of service;
(ii) within ninety days of filing an answer, prepare and file a Martinez report limited to the exhaustion issue[1];
(iii) within ninety days of filing an answer, file a separate summary-judgment motion, with a supporting memorandum; and
(iv) within ninety days of filing an answer, submit a proposed order for dismissing the case based upon Plaintiff's failure to exhaust, in word processing format to: utdecf__prisonerlitigationunit@utd.uscourts.gov.
(B) If Defendants choose to challenge the bare allegations of the complaint, Defendants shall, within twenty days of service, file a motion to dismiss based on Federal Rule of Civil Procedure 12(b)(6), and submit a proposed order for dismissing the case, in word processing format, to: utdecfprisonerlitigationunit@utd.uscourts.gov.
(C) If Defendants choose not to rely on the defense of failure to exhaust and wishes to pierce the allegations of the complaint, Defendants must,
(i) file an answer, within twenty days of service;
(ii) within ninety days of filing an answer, prepare and file a Martinez report addressing the substance of the complaint;
(iii) within ninety days of filing an answer, file a separate summary-judgment motion, with a supporting memorandum; and
(iv) within ninety days of filing an answer, submit a proposed order for dismissing the case based upon the summary-judgment motion, in word processing format, to: ...

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