Smith #120870 v. Ryan et al

Filing 6

ORDER that 2 Plaintiff's Application to Proceed In Forma Pauperis is granted, Plaintiff must pay the $350.00 filing fee. Plaintiff's Motion for Appointment of Counsel (Doc. 4 ) is denied. Defendants Ryan, Godlevsky, Streadman, Cre dio, Unknown Nurse, Lee, Unknown Facility Health Administrator, and Unknown Health Services Regional Operations Director are dismissed without prejudice. Defendants Musachio and Woods must answer Counts One and Two. The Clerk must send Plaintiff t his 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 Musachio and Woods. This matter is referred to Magistrate Judge David K. Duncan pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings. Signed by Judge David G Campbell on 8/10/15. (Attachments: # 1 Service Packet Letter, # 2 Service Packet, # 3 Service Packet #2)(LSP)

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

Visit our website at www.azd.uscourts.gov

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

August 10
Re: Service Packet for

2015

Defendants Musachio and Woods

:

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/L Patton
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.