Fierro v. Ryan et al
ORDER that the Magistrate Judge's Report and Recommendation (Doc. 31 ) is accepted and adopted by the Court. IT IS FURTHER ORDERED that Plaintiff[']s Motion for Reconsideration (Doc. 28 ), construed as a motion for leave to file a second amended complaint, is granted and the Clerk of the Court is directed to file the Second Amended Complaint attached to Doc. 28. FURTHER ORDERED that Defendants Badilla, Houze, Molera, Pitrowsky, Stephan, Fizer, Quintero, Wiggin, Jackson, Tucker, Ryan, Luen, Morales, Rojas, Malachinski, Pratt, Merchant, Rioochi, Stark, Miller, Espinoza, Anderson, Shruff, Thompson, Brown, Stowell, Greeley, Lacrone, and Theodore are dismissed from this action. FURTHER ORDERED that Count Two of the Second Amended Com plaint is dismissed. FURTHER ORDERED that Defendants McCarville, Ochoa, Pruett, Forester, Mcoffy, Smith, Shuster, and Sanders shall respond to Count One of the Second Amended Complaint. FURTHER ORDERED that Defendants Veckcovic and Brower shall respo nd to Count Three of the Second Amended Complaint. FURTHER ORDERED that Defendants Nash and East shall respond to Count Four of the Second Amended Complaint. IT IS FURTHER ORDERED That the Clerk of Court is directed send Plaintiff a service packetinc luding the Second Amended Complaint and this Order, and both summons andrequest for waiver forms for Defendants McCarville, Ochoa, Pruett, Forester, Mcoffy, Smith, Shuster, Sanders, Veckcovic, Brower, Nash, and East. That Plaintiff shall complete and return the service packet to the Clerk of Court within 21 days of the date this Order. Plaintiff is advised that the United States Marshal will not provide service of process if Plaintiff fails to comply with the Court's Order.. Signed by Seni or Judge Paul G Rosenblatt on 3/10/2015. (Attachments: # 1 Service packet letter, # 2 Sample and 1st Dft service packet, # 3 2nd Defendant, # 4 3rd Defendant, # 5 4th Defendant, # 6 5th Defendant, # 7 6th Defendant, # 8 7th Defendant, # 9 8th Defendant, # 10 9th Defendant, # 11 10th Defendant, # 12 11th Defendant, # 13 12th Defendant)(KMG)
USM-285 is a 5-part form. Fill out the form and print 5 copies. Sign as needed and route as specified below.
PROCESS RECEIPT AND RETURN
U.S. Department of Justice
United States Marshals Service
See "Instructions for Service of Process by U.S. Marshal"
COURT CASE NUMBER
TYPE OF PROCESS
NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code)
SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW
Number of process to be
served with this Form 285
Number of parties to be
served in this case
Check for service
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses,
All Telephone Numbers, and Estimated Times Available for Service):
Signature of Attorney other Originator requesting service on behalf of:
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY-- DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total
number of process indicated.
(Sign only for USM 285 if more
than one USM 285 is submitted)
Signature of Authorized USMS Deputy or Clerk
I hereby certify and return that I
have personally served ,
have legal evidence of service,
have executed as shown in "Remarks", the process described
on the individual , company, corporation, etc., at the address shown above on the on the individual , company, corporation, etc. shown at the address inserted below.
I hereby certify and return that I am unable to locate the individual, company, corporation, etc. named above (See remarks below)
Name and title of individual served (if not shown above)
A person of suitable age and discretion
then residing in defendant's usual place
Address (complete only different than shown above)
Signature of U.S. Marshal or Deputy
Total Mileage Charges Forwarding Fee
Amount owed to U.S. Marshal* or
(Amount of Refund*)
PRINT 5 COPIES: 1. CLERK OF THE COURT
2. USMS RECORD
3. NOTICE OF SERVICE
4. BILLING STATEMENT*: To be returned to the U.S. Marshal with payment,
if any amount is owed. Please remit promptly payable to U.S. Marshal.
5. ACKNOWLEDGMENT OF RECEIPT
PRIOR EDITIONS MAY BE USED
AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service of a Summons
UNITED STATES DISTRICT COURT
__________ District of __________
Civil Action No.
NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS
(Name of the defendant or - if the defendant is a corporation, partnership, or association - an officer or agent authorized to receive service)
Why are you getting this?
A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above.
A copy of the complaint is attached.
This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive formal
service of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must return the signed
days (give at least 30 days, or at least 60 days if the defendant is outside any judicial district of the United States)
from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along with
a stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy.
What happens next?
If you return the signed waiver, I will file it with the court. The action will then proceed as if you had been served
on the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this notice
is sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside any judicial district of
the United States).
If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint
served on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service.
Please read the enclosed statement about the duty to avoid unnecessary expenses.
I certify that this request is being sent to you on the date below.
Signature of the attorney or unrepresented party
AO 85 (Rev. 8/97) Notice, Consent, and Order of Reference - Exercise of Jurisdiction by a United States Magistrate Judge
(For Use In Civil Cases With District Judge as Presider)
UNITED STATES DISTRICT COURT
_______________________________ District of __________________________________________________
NOTICE, CONSENT, AND ORDER OF REFERENCEEXERCISE OF JURISDICTION BY A UNITED STATES
NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE
TO EXERCISE JURISDICTION
In accordance with the provisions of 28 U.S.C. 636(c) and Fed.R.Civ.P.73, you are hereby notified that a United States magistrate
judge of this district court is available to conduct any or all proceedings in this case including a jury or nonjury trial, and to order the entry
of a final judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all parties voluntarily consent.
You may, without adverse substantive consequences, withhold your consent, but this will prevent the court’s jurisdiction from
being exercised by a magistrate judge. If any party withholds consent, the identity of the parties consenting or withholding consent will
not be communicated to any magistrate judge or to the district judge to whom the case has been assigned.
An appeal from a judgment entered by a magistrate judge shall be taken directly to the United States court of appeals for this
judicial circuit in the same manner as an appeal from any other judgment of a district court.
CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE
In accordance with the provisions of 28 U.S.C. 636(c) and Fed.R.Civ.P. 73, the parties in this case hereby voluntarily consent to
have a United States magistrate judge conduct any and all further proceedings in the case, including the trial, order the entry of a final
judgment, and conduct all post-judgment proceedings.
ORDER OF ASSIGNMENT
IT IS HEREBY ORDERED that this case be assigned to ______________________________________________________
United States Magistrate Judge, for all further proceedings and the entry of judgment in accordance with 28 U.S.C. 636(c), Fed.R.Civ.P.
73 and the foregoing consent of the parties. All further documents filed with the court are to carry the following case number
United States District Judge
NOTE: RETURN THIS FORM TO THE CLERK OF THE COURT ONLY IF ALL PARTIES HAVE CONSENTED ON THIS
FORM TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE.