Barajas v. University Physicians Incorporated et al

Filing 4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge David C Bury on 06/07/11.(LMF)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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12 Anita Barajas,
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Plaintiff,
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v.
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University Physicians, Inc., Cigna Group )
Insurance, and Life Insurance Company )
of N.A. , a Cigna Company,
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Defendants.
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_________________________________ )

CV 11-322-TUC-DCB

ORDER

Plaintiff, having established her status as an indigent may proceed without the

20 prepayment of costs or fees or the necessity of giving security therefore. Plaintiff shall be
21 responsible for service of the Summons and Complaint, pursuant to Rule 4(d) of the Federal
22 Rules of Civil Procedure.
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Rule 4(d)(2) of the Federal Rules of Civil Procedure provides in part that:

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An individual, corporation, or association that is subject to service under
subdivision (e), (f) or (h) and that receives notice of an action in the manner
provided in this paragraph, has a duty to avoid unnecessary costs of serving the
summons. To avoid the costs, the plaintiff may notify such a defendant of the
commencement of the action and request that the defendant waive service of a
summons.

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Rule 4(d)(2) further provides that if a defendant fails to comply with the request for

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1 waiver, the court “shall impose the costs subsequently incurred in effecting service on the
2 defendant unless good cause for the failure be shown.”
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Accordingly,

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IT IS ORDERED that the Motion for Leave to Proceed In Forma Pauperis (doc. 2) is

5 GRANTED.
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DATED this 7th day of June, 2011.

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