Local Rule LR 4.1: SUMMONS AND SERVICE OF PROCESS
W.D. Tenn. — Civil rule
LR 4.1 SUMMONS AND SERVICE OF PROCESS
(a) Preparation of Summonses. A party filing a complaint or any other pleading that requires the issuance of a summons, except for pro se plaintiffs who are proceeding in forma pauperis and who are not prisoners, shall prepare and submit the summons to the Clerk. The Clerk shall issue the summons in accordance with the Federal Rules of Civil Procedure.
(b) Issuance of Summonses in Pro Se Cases.
(1) If a pro se plaintiff who is not a prisoner has paid the filing fee, the Clerk will provide the plaintiff with the appropriate number of blank summonses when the complaint is filed. In accordance with Fed. R. Civ. P. 4(b), when presented with the properly completed summonses, the Clerk will sign, seal, and issue the process to the plaintiff for service.
(2) If a pro se plaintiff who is not a prisoner is proceeding in forma pauperis, the Clerk will issue summonses only if directed to do so by the Court following screening pursuant to 28 U.S.C. § 1915(e)(2)(B). Process will be served by the U.S. Marshal in accordance with 28 U.S.C. § 1915(d) and Fed. R. Civ. P. 4(c)(3).
(3) In all pro se cases where the plaintiff is a prisoner, the Clerk will issue summonses only if directed to do so by the Court following screening pursuant to 28 U.S.C. § 1915A and, if applicable, 28 U.S.C. § 1915(e)(2)(B).
(A) If a pro se prisoner plaintiff has paid the filing fee in advance and the Court orders service of process, the Clerk may be directed to send the appropriate number of blank summonses to the plaintiff with instructions to complete and return them to the Clerk for signature and seal. The issued summonses will then be sent to the plaintiff for service.
(B) If a pro se prisoner plaintiff is proceeding in forma pauperis and the Court orders the Clerk to issue process, the process will be served by the U.S. Marshal in accordance with 28 U.S.C. § 1915(d) and Fed. R. Civ. P. 4(c)(3).
(c) Time Limit for Service. Federal Rule of Civil Procedure 4(m) shall govern the time limit for service in all cases, except that in cases governed by sections (b)(2) and (b)(3) of this Rule, service must be effected within 60 days of the filing of the service order.
(d) Waiver of Service.
(1) Any plaintiff served with a waiver by a defendant pursuant to Fed. R. Civ. P. 4(d) shall file such waiver with the Court within 7 days of service.
(2) The provision for waiver of service in Fed. R. Civ. P. 4(d) shall not apply in cases filed by pro se plaintiffs proceeding in forma pauperis. In all such cases, the U.S. Marshal shall serve the summons and complaint, but only upon the Court's direction to do so.
(e) Proof of Service. Proof of service, in the form of the return of service, shall be filed within 7 days after service is effected.