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)