Cagle #079874 v. Ryan et al

Filing 31

ORDER (Service Packet) - The objections are overruled and the 26 Report and Recommendation is accepted and adopted as follows; Pursuant to 28 U.S.C. 1915A, the following Counts of the 21 Second Amended Complaint are DISMISSED, WITHOUT PR EJUDICE: Counts 5-571, 572, 575-578, 580, 581, 584-593, 594-596, 597, 598, 602-607, 609-613, 619-704, 706-721, 722, 723-724, and 725. FURTHER ORDERED that pursuant to 28 U.S.C. 1915A, that the following Defendants are DISMISSED, WITHOUT PREJUDI CE: Charles Ryan, Deputy Warden Unknown Black, Bobo, Brower, Darius, DeLacerta, DeMarco, Durazo, Guilfoyle, Heet, Keefe, Koeppel, Silvas, Smith, Squires, Swanda, Thompson, Valazquez and Washburn. IT IS FURTHER ORDERED that the followin g Defendants are required to respond to the following Counts of the 21 Second Amended Complaint: Defendants Corizon (Counts 1, 614, 615, 616, 617 and 618), Nurse Unknown Black (Count 1), Mares (Count 2), Henry (Counts 3 and 4), Vick lund (Counts 3 and 4), Unknown Transportation Officers Black 1 and 2 (Count 573), Babich (Count 574), Salas (Count 579), Bishop (Count 582), Vargas (Count 583), Sharp (Count 599), Berrellez (Counts 600 and 601), Laux (Count 608) and Roman (70 5). IT IS FURTHER ORDERED that service on Defendants Corizon, Mares, Babis, Salas, Bishop, Berrellez, Henry, Vicklund, Vargas, Sharp, Roman and Laux is hereby ordered. The Clerk of the Court shall send Plaintiff a service packet including a sum mons and request for waiver forms, a copy of this Order, and a copy of Marshal's Process Receipt & Return form (USM-285) for each Defendant. Plaintiff has ninety days from the date of this order to move to amend to identify the fictitiously na med defendants, Defendants Unknown Transportation Officers Black 1 and 2 and Unknown Nurse Black, or such defendants shall thereafter be dismissed without prejudice. FINALLY ORDERED that Plaintiff's unilateral 30 motion to reassig n this case to Magistrate Judge Metcalf is denied. However, the Clerk's office shall send a Consent to Exercise of Jurisdiction by a United States Magistrate Judge form to Plaintiff and each Defendant, who may return them at their option. Sig ned by Senior Judge James A Teilborg on 10/30/2017. (Attachments: # 1 Letter, # 2 Samples and Service Packet for Dft. 1, # 3 Service Packet for Dft. 2, # 4 Service Packet for Dft. 3, # 5 Service Packet for Dft. 4, # 6 Service Packet fo r Dft. 5, # 7 Service Packet for Dft. 6, # 8 Service Packet for Dft. 7, # 9 Service Packet for Dft. 8, # 10 Service Packet for Dft. 9, # 11 Service Packet for Dft. 10, # 12 Service Packet for Dft. 11, # 13 Service Packet for Dft. 12, # 14 Instructions, # 15 Consent Form)(ATD)

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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" PLAINTIFF COURT CASE NUMBER DEFENDANT TYPE OF PROCESS NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN { SERVE AT 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 on U.S.A. 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): Fold Fold Signature of Attorney other Originator requesting service on behalf of: PLAINTIFF TELEPHONE NUMBER DATE DEFENDANT 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) Total Process District of Origin District to Serve No. No. Signature of Authorized USMS Deputy or Clerk Date 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 of abode Address (complete only different than shown above) Date Time am pm Signature of U.S. Marshal or Deputy Service Fee Total Mileage Charges Forwarding Fee including endeavors) Total Charges Advance Deposits Amount owed to U.S. Marshal* or (Amount of Refund*) REMARKS: 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 Form USM-285 Rev. 12/80 AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service of a Summons UNITED STATES DISTRICT COURT for the __________ District of __________ Plaintiff v. Defendant ) ) ) ) ) Civil Action No. NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS To: (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 waiver within 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. Date: Signature of the attorney or unrepresented party Printed name Address E-mail address Telephone number

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