Johnson v. Clark

Filing 41

ORDER that Plaintiff's 37 MOTION to Name the Arizona Attorney General's Office as Counsel for Defendant or allow Service upon the Arizona Department of Corrections is DENIED. Plaintiff's 38 Request for Alternate or Subst itute Service to Defendant's Last Known Employment Address is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court shall send Plaintiff a service packet including the 1 Complaint, this Order and both summons and request for waiver forms for Defendant Clark. Plaintiff must complete and return the service packet to the Clerk of the Court within twenty (20) days of the date of filing of this Order. Signed by Magistrate Judge Lawrence O Anderson on 11/13/2012. (Attachments: # 1 Letter, # 2 Service Packet, # 3 Summons, # 4 Rule 4, # 5 Complaint)(LFIG)

AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

__________ District of __________
)
)
)
)
)
)
)

Plaintiff

v.

Defendant

Civil Action No.

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

’ I personally served the summons on the individual at (place)
on (date)

; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

’ I returned the summons unexecuted because

; or

’ Other (specify):
.

My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

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