Garcia v. Fresno County

Filing 16

ORDER Directing Service By The United States Marshals Service Without Prepayment Of Costs (Doc. 15 ), signed by Magistrate Judge Sandra M. Snyder on 2/6/2013. (Case Management Deadline: 2/20/2013) (Fahrney, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 STEPHEN GARCIA, 10 11 12 CASE NO. 1:11-cv-1612-AWI-SMS Plaintiff, ORDER DIRECTING SERVICE BY THE UNITED STATES MARSHALS SERVICE WITHOUT PREPAYMENT OF COSTS v. SYLVIA MARTINEZ and JOHN DOE, 13 Defendants. (Doc. 15) / 14 15 PLAINTIFF is proceeding in forma pauperis pursuant to 28 U.S.C. § 1915. The Court 16 previously found service of the complaint appropriate and ordered Plaintiff to provide the 17 necessary documents and information for service of process. Accordingly, pursuant to Federal 18 Rule of Civil Procedure 4, it is HEREBY ORDERED that: 19 1. 20 21 The following parties and governmental entities shall be served: Defendant Sylvia Martinez. 2. For service of each Defendant or Governmental party to be served, the 22 Clerk of the Court is directed to forward the following documents to the 23 United States Marshals Service: 24 (1) One completed and issued summons; 25 (2) One completed USM-285 form; 26 (3) One copy of the second amended complaint filed on June 25, 2012, and 27 one copy of the Court’s order of September 5, 2012, plus an extra copy of 28 each document for the Marshals Service; and 1 1 (4) 2 3. One copy of this order, plus an extra copy for the Marshals Service. Within ten days from the date of this order, the Marshals Service is directed to 3 serve each Defendant listed in paragraph one above with a copy of the summons 4 and complaint as well as a copy of this order by registered or certified mail, return 5 receipt requested. 6 4. Within ten days after service is effected, the United States Marshal shall file the 7 return of service for each Defendant upon which service is required. Costs shall 8 be enumerated on the USM-285 form and shall include the costs incurred by the 9 Marshals Service for photocopying any additional copies of the summons and 10 complaint and for preparing new USM-285 forms, if required. 11 5. 12 The United States Marshal is directed to retain copies of the summons and complaint in his file for future use. 13 6. 14 Despite the means by which a defendant has been served, each defendant is required to reply to the complaint. 42 U.S.C. § 1997e(g)(2). 15 16 IT IS SO ORDERED. 17 Dated: icido3 February 6, 2013 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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