Saiz v. Hanford Police Department et al

Filing 12

ORDER finding service of amended complaint appropriate and setting forth procedure for service of Defendants signed by Magistrate Judge Sandra M. Snyder on 7/25/2012. (Case Management Deadline: 8/29/2012) (Attachments: # 1 USM 285 Instructions)(Lundstrom, T)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 MARTIN LOUIS SAIZ, CASE NO. 1:12-cv-00912-AWI-SMS 10 Plaintiff, ORDER FINDING SERVICE OF AMENDED COMPLAINT APPROPRIATE AND SETTING FORTH PROCEDURE FOR SERVICE OF DEFENDANTS 11 v. 12 13 HANFORD POLICE DEPT.; OFFICERS CAVASOS and MARTINEZ, (Doc. 11) 14 Defendants. / 15 16 On July 23, 2011, Plaintiff Martin Saiz, proceeding pro se and in forma pauperis, filed an 17 amended complaint alleging a civil rights violation under 42 U.S.C. § 1983. This Court has screened 18 Plaintiff’s amended complaint and concludes that the complaint states a claim against Defendants. 19 20 Accordingly, it is HEREBY ORDERED that: 21 1. 22 23 Service shall be initiated on the Defendants, Officer Cavasos, Officer Martinez, and the Hanford Police Department. 2. The Clerk of the Court shall send Plaintiff three (3) USM-285 forms, three (3) 24 summonses, a Notice of Submission of Documents form, an instruction sheet and a 25 copy of the second amended complaint as filed by Plaintiff pursuant to this Order. 26 3. Within thirty (30) days of the date on which the Clerk of Court mails to Plaintiff the 27 materials listed in paragraph 2, Plaintiff shall complete the attached Notice of 28 Submission of Documents and submit the completed Notice to the Court with the 1 1 following documents: 2 a. One completed summons for each Defendant listed above; 3 b. One completed USM-285 form for each Defendant listed above; and 4 c. Three (3) copies of the endorsed corrected amended complaint. 5 4. Plaintiff should not attempt service on the Defendants and should not request waiver 6 of service. Upon receipt of the documents set forth in paragraph 3, the Court will 7 direct the United States Marshal to serve the above-named Defendants pursuant to 8 Federal Rule of Civil Procedure 4 without payment of costs. 9 6. The failure to comply with this order will result in dismissal of this action. 10 11 IT IS SO ORDERED. 12 Dated: icido3 July 25, 2012 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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