UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
: Case No. 3:04CV2071(DJS)
JAMES DZURENDA, et al.
RULING AND ORDER
Plaintiff has filed four motions in this action.
Motion to Reopen and Provide Summons Forms [doc. #20]
On February 25, 2005, the court denied plaintiff’s motion
to proceed in forma pauperis and directed him to tender the
filing fee within twenty days. (See Doc. #13.) On May 19, 2005,
the court dismissed this case for failure to pay the filing fee
as ordered. The dismissal was without prejudice to reopening if
plaintiff submitted the filing fee by June 10, 2005. (See Doc.
#16.) Plaintiff submitted the filing fee on July 1, 2005.
On August 16, 2005, plaintiff filed a motion to reopen
this case. He states that he submitted a payment request to the
Rhode Island Department of Correction as soon as he received the
May 19, 2005 ruling and argues that he should not be responsible
for any delay in receipt of payment. The court agrees.
Plaintiff’s motion to reopen this case is granted.
Case 3:04-cv-02071-DJS Document 22 Filed 10/26/2005 Page 1 of 5
Taylor v. Dzurenda et al
Because plaintiff paid the filing fee, he is responsible
for effecting service on all defendants. Plaintiff has asked the
court to issue certified summons forms to enable him to effect
service. Rule 4(b), Fed. R. Civ. P., provides that the Clerk may
issue a summons only if it is in proper form. Thus, plaintiff’s
request for issuance of blank certified summons forms is denied.
The clerk is directed to send plaintiff blank summons forms with
this ruling. Plaintiff should complete the forms and return them
to the clerk. If the summons forms have been completed properly,
the clerk will issue them. Plaintiff is reminded that summons
forms cannot be served by mail and that he must arrange to have
the person who effects personal service complete the return of
service portion of each summons and file it with the court.
Motion to I