DeRoche #147875 v. Smith et al

Filing 11

ORDER (Service Packet): Plaintiff's Application to Proceed In Forma Pauperis 2 is granted; Plaintiff must pay the $350.00 filing fee and is not assessed an initial partial filing fee; Plaintiffs 10 Motion to correct the Complaint is granted to the extent that "April Elliott" is substituted for "Mary Wisdom"; Count II is dismissed without prejudice; Defendants Voyles, Elliott, Smith, Doe, and unknown Committee members are dismissed without prejudice; De fendants Goodale and Costello must answer Count I; The Clerk of Court must send Plaintiff this Order, and a copy of the Marshal's Process Receipt & Return form (USM-285) and Notice of Lawsuit & Request for Waiver of Service of Summons form for Defendants Goodale and Costello; Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order; Plaintiffs 7 Motion for injunctive relief is denied; This matter is referred to Mag istrate Judge James F. Metcalf pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings as authorized under 28 U.S.C. § 636(b)(1). Signed by Judge Steven P Logan on 7/21/2014. (Attachments: # 1 Service Packet Letter, # 2 Service Packet Sample, # 3 Service Packet, # 4 Service Packet, # 5 Rule 4) (See Order for details)(ALS)

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

July 21
Re: Service Packet for

, 20

14

CV-14-01274-PHX-SPL (JFM) :

Enclosed is a copy of the Court’s Order directing the U.S. Marshal to effect service on your behalf.
Also enclosed are U.S. Marshal service form(s) (USM-285), a Notice of Lawsuit & Request for
Waiver of Service of Summons form(s) and a set of examples for your use and information. To
complete service, you must prepare and return the following items:
!

One copy of the Marshal’s Process Receipt & Return Form USM-285 for
each defendant ordered to be served;

!

One copy of the Notice of Lawsuit & Request for Waiver of Service of
Summons form for each defendant ordered to be served.

DO NOT PREPARE ANY SERVICE FORMS FOR PARTIES DISMISSED FROM THE ACTION.
Upon receipt of the properly completed forms, your Complaint will be processed for service.
FAILURE TO PROPERLY PREPARE AND SIGN YOUR SERVICE FORMS MAY RESULT IN
DELAY IN EFFECTING SERVICE. A Notice of Availability of a United States Magistrate Judge
Consent form is also included. This form is to be returned to our office ONLY after all parties have
appeared and agreed to the consent.
BRIAN D KARTH, DCE/Clerk

By

s/ A. Smith
Deputy Clerk

Enclosures:
1 Copy of Court Order
USM 285 Form(s) w/example
Notice of Lawsuit & Request for Waiver Form(s) w/example
1 Consent Form

The staff of the Clerk’s Office ensures the effective, efficient and professional delivery of clerical and administrative services,
while fostering a customer-friendly and employee-friendly environment.