Garcia v. Masiel et al
ORDER Finding Service of 1 Complaint Appropriate, and Forwarding Service Documents to Plaintiff for Completion and Return Within Thirty Days, signed by Magistrate Judge Dennis L. Beck on 1/12/2009. Service Documents due by 2/18/2009. (Attachments: # 1 USM Prisoner Instructions and Summons, # 2 Complaint), and USM-285 Forms. (Jessen, A)
INSTRUCTIONS FOR COMPLETING FORM USM-285
After the court has issued an order granting your application to proceed without prepayment of fees and directing that service of process be made by the United States Marshal, you must complete an original USM-285 form for each individual defendant named in your action. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. PLAINTIFF: Print your name. COURT CASE NUMBER: Print the complete case number listed on your complaint. DEFENDANT: Print the name of one defendant on each separate form. TYPE OF PROCESS: Print "Summons and Complaint." SERVE AT: Enter the name and address for service of one defendant on each individual USM-285 form. SEND NOTICE OF SERVICE TO REQUESTER AT: Enter your name and mailing address. NUMBER OF PROCESS TO BE SERVED WITH THIS FORM - 285: 1. NUMBER OF PARTIES TO BE SERVED IN THIS CASE: Enter the number of defendants you have named in your suit. CHECK FOR SERVICE ON U.S.A.: Check ONLY if the defendant listed on the form is an entity of the U.S. Government. Sign and date the form, check the box marked "PLAINTIFF" and enter your telephone number (if one is available).
If you are the plaintiff and are currently incarcerated, you must return the completed USM-285 forms to the Clerk's Office at 2500 Tulare Street, Room 1501, Fresno, CA 93721, together with the following: 1. 2. 3. 4. An original Summons for each defendant to be served; A file-endorsed copy of the complaint to be served on each individual defendant; One copy of the complaint for the U.S. Marshal's file. The completed "Notice of Submission of Documents" form enclosed herewith.
PLEASE NOTE that only the defendants against whom the court has determined you have a cognizable claim will be served.
PC/HC Updated 01/24/2007
OAO 440 (Rev. 8/01) Summons in a Civil Action
UNITED STATES DISTRICT COURT
Eastern District of California
S U M M O N S IN A CIVIL CASE V.
TO: (Name and address of Defendant)
YOU ARE HEREBY SUMMONED and required to serve on PLAINTIFF'S ATTORNEY (name and address)
an answer to the complaint which is served on you with this summons, within days after service 20 of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service.
Victoria C. Minor
(By) DEPUTY CLERK
OAO 440 (Rev. 8/01) Summons in a Civil Action
RETURN OF SERVICE
Service of the Summons and complaint was made by me(1 )
NAME OF SERVER (PRINT) DATE TITLE
Check one box below to indicate appropriate method of service G S erve d personally upon the defendant. Place where served:
G Le ft copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and d is cre tio n then residing therein. N am e of person with whom the summons and complaint were left: G R e tu rn e d unexecuted:
G O the r (specify):
S T A T E M E N T OF SERVICE FEES
TRAVEL SERVICES TOTAL
D E C L A R A T I O N OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct.
Date Signature of Server
Address of Server
(1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ) ) _______________________, ) ) Plaintiff/Petitioner, ) ) vs. ) ) ________________________, ) ) Defendant/Respondent. ) ______________________________)
No. 1:___-cv-______________ NOTICE OF SUBMISSION OF DOCUMENTS
Plaintiff hereby submits the following documents in compliance with the court's order filed __________________.
______ ______ ______
completed USM-285 forms copies of the complaint/amended complaint completed Summons forms
_________________________________ Signature of Plaintiff/Petitioner
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