Bivins #073424 v. Ryan et al

Filing 22

ORDER that Plaintiff's 18 MOTION for Leave to File an Amended and Supplemental Complaint is DENIED as moot. Plaintiff's First Amended Complaint is ordered FILED. Counts One and Two are DISMISSED entirely against all Defendants without p rejudice. Defendant Baird must answer Count Three; all remaining Defendants are dismissed without prejudice. The Clerk of Court must send Plaintiff a service packet for Defendant Baird, to be completed and returned within 21 days of the date of fi ling of this Order. This matter is referred to Magistrate Judge Anderson for all pretrial proceedings as authorized under 28 U.S.C. § 636(b)(1). Signed by Chief Judge Roslyn O Silver on 8/22/2012. (Attachments: # 1 Cover Letter, # 2 Service Packet, # 3 Rule 4)(LFIG)

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA

OFFICE OF THE CLERK
BRIAN D. KARTH
DISTRICT COURT EXECUTIVE / CLERK OF COURT
SANDRA DAY O'CONNOR U. S. COURTHOUSE,
SUITE 130
401 WEST WASHINGTON STREET, SPC 1
PHOENIX, ARIZONA 85003-2118

DEBRA D. LUCAS
Visit our website at www.azd.uscourts.gov

CHIEF DEPUTY CLERK
SANDRA DAY O'CONNOR U. S. COURTHOUSE,
SUITE 130
401 WEST WASHINGTON STREET, SPC 1
PHOENIX, ARIZONA 85003-2118

MICHAEL S. O'BRIEN
CHIEF DEPUTY CLERK
EVO A. DECONCINI U.S. COURTHOUSE
405 W. CONGRESS, SUITE 1500
TUCSON, ARIZONA 85701-5010

August 22, 2012
Re: CV 12-1097-PHX-ROS (LOA)
Enclosed is a copy of the Court’s Order directing the U.S. Marshal to effect service on your behalf.
Also, enclosed are copies of your Complaint, U.S. Marshal service forms, waiver of service forms,
summonses and a set of examples for your use and information. To complete service, you must
prepare, provide sufficient copies and return the following items:
1
1
2
1
2
2

copies of the Marshal’s Process Receipt & Return Form USM-285 (one for each
defendant ordered to be served);
copies of the Notice of Lawsuit & Request for Waiver of Service of Summons form
(one for each defendant ordered to be served);
copies of Waiver of Service of Summons form (two for each defendant ordered to
be served);
copies of the Summons form (one for each defendant ordered to be served);
copies of the Court Order (one for each defendant ordered to be served and one for
the U.S. Marshal);
copies of your Complaint (one for each defendant ordered to be served and one for
the U.S. Marshal);

DO NOT PREPARE ANY SERVICE FORMS FOR PARTIES DISMISSED FROM THE ACTION.
Upon receipt of the properly completed forms and the required number of copies, your Complaint
will be processed for service. FAILURE TO PROPERLY PREPARE AND SIGN YOUR SERVICE
FORMS OR PROVIDE THE REQUIRED NUMBER OF COPIES MAY RESULT IN DELAY IN
EFFECTING SERVICE.
BRIAN D. KARTH, DCE/Clerk

By s/L.Figueroa
Deputy Clerk
Enclosures:
Copy of Court Order
Copy of Complaint
USM 285 Form(s) w/example
Summons Form(s) w/example
Notice of Lawsuit & Request for Waiver Form(s) w/example
Waiver of Service of Summons Form(s) w/example

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