Pesqueira #126613 v. Ryan et al

Filing 12

ORDER (Service Packet) re: Plaintiff's Motion to Alter or Amend (Doc. 10 ) is denied as moot. Defendants Corizon Health, Arlene McKamey, Christine Salas, John Doe #2, and Jane Does are dismissed without prejudice. Defendant Sedlar must ans wer Counts One and Two of the First Amended Complaint. The Clerk of Court must send Plaintiff a service packet including the First Amended Complaint (Doc. 11 ), this Order, and both summons and request for waiver forms for Defendant Sedlar. Plaint iff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. The United States Marshal will not provide service of process if Plaintiff fails to comply with this Order. If Plaintiff does not either obtain a waiver of service of the summons or complete service of the Summons and First Amended Complaint on a Defendant within 120 days of the filing of the Complaint or within 60 days of the filing of this Order, whichever is later, th e action may be dismissed as to each Defendant not served. Fed. R. Civ. P. 4(m); LRCiv 16.2(b)(2)(B)(ii). This matter is referred to Magistrate Judge Eileen S. Willett pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pr etrial proceedings as authorized under 28 U.S.C. § 636(b)(1). Signed by Judge David G Campbell on 10/30/15. (Attachments: # 1 Service Packet Letter, # 2 Service Packet w/ Samples, # 3 Rule 4, # 4 Rule 4 US service, # 5 GO 14-17 & Prisoner Notice)(KGM)

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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 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 November 2nd Re: Service Packet for 2015 CV-15-01426-PHX-DGC-ESW : 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/K. Miller 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.

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