W.D. Tenn. LR 4.1

(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.