Derello #037292 v. Romero et al

Filing 26

ORDER (Service Packet): Defendants Duron, Griggs, Diaz, Maydon, Ortiz, Hiatt, and Bustillos are dismissed without prejudice. Defendant Romero must answer the retaliation claim regarding Defendant Romero's incitement of inmates and the threat-to- safety claim in Second Amended Complaint. 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 Defendant Romero. Plaintiff 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 Pla intiff does not either obtain a waiver of service of the summons or complete service of the Summons and Second Amended Complaint on Defendant within 90 days of the filing of the Complaint or within 60 days of the filing of this Order, whichever is la ter, the action may be dismissed. This matter is referred to Magistrate 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 Michael T Liburdi on 11/17/2021. (Attachments: # 1 Service Packet Letter, # 2 Service Packet Forms for Defendant Romero) (REK)

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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA OFFICE OF THE CLERK MICHAEL S. O’BRIEN DEBRA D. LUCAS Chief Deputy Clerk Evo A. Deconcini U.S. Courthouse 405 W. Congress, Suite 1500 Tucson, Arizona 85701-5010 District Court Executive / Clerk of Court Sandra Day O'Connor U.S. Courthouse Suite 130 401 W. Washington Street, SPC 1 Phoenix, Arizona 85003-2118 SHANNON SHOULDERS November 17 Re: Service Packet for Chief Deputy Sandra Day O'Connor U.S. Courthouse Suite 130 401 W. Washington Street, SPC 1 Phoenix, Arizona 85003-2118 2021 CV-21-00129-PHX-MTL(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. DEBRA D LUCAS, DCE/Clerk of Court By R. Kobza Deputy Clerk Enclosures: 1 Copy of Court Order USM 285 Form(s) w/example Notice of Lawsuit & Request for Waiver Form(s) w/example 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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