Reyes v. United States Department of Justice
ORDER Directing Issuance of Summons and New Case Documents; ORDER Setting Scheduling Conference, signed by Magistrate Judge Barbara A. McAuliffe on 6/23/14. (Verduzco, M)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
CASE NO. 1:13-cv-545-AWI-BAM
ORDER DIRECTING ISSUANCE OF
SUMMONS AND NEW CASE
UNITED STATES DEPARTMENT OF
ORDER SETTING SCHEDULING
Date: October 23, 2014
Time: 8:30 a.m.
Dept.: 8 (BAM)
Magistrate Judge Barbara A. McAuliffe
Plaintiff Esperanza Reyes-Saucedo (“Plaintiff”) proceeds in forma pauperis in this civil
forfeiture action. On February 3, 2014, Plaintiff, through the assistance of counsel, filed her First
Amended Complaint in this Court. (Doc. 10). The Court has screened the complaint pursuant to 28
U.S.C. § 1915A, and finds that it states a cognizable claim against Defendant for relief under the Civil
Asset Forfeiture Reform Act codified in part at 18 U.S.C. §§ 981 & 983. Accordingly, the Court finds
that issuance of the summons and service of the complaint is appropriate. While service of Plaintiff’s
complaint is now proper, Plaintiff, represented by counsel, bears the responsibility to serve the
summons and first amended complaint on Defendant. Plaintiff shall effectuate service of the summons
and the first amended complaint on or before July 24, 2014 in compliance with F.R.Civ.P. 4(i), which
sets forth the requirements to serve federal agencies with a summons and complaint. Plaintiff is
forewarned that the failure to timely serve the summons and complaint may result in dismissal of this
action pursuant to Federal Rule of Civil Procedure 4(m).
Based on the forgoing, the Court HEREBY:
the United States Department of Justice;
DIRECTS the Clerk of the Court to issue and send Plaintiff a summons for Defendant
ORDERS Plaintiff, no later than July 24, 2014, to complete service of the summons
and complaint on Defendant in compliance with F.R.Civ.P. 4(i);
DIRECTS the Clerk of the Court to issue new case documents for this case;
DIRECTS the Clerk of the Court to SET an Initial Scheduling Conference for October
23, 2014 at 8:30 a.m. in Courtroom 8 before Judge Barbara A. McAuliffe. A JOINT
Scheduling Conference Report, carefully prepared and executed by all counsel, shall be
electronically filed in full compliance with the requirements set forth in the Order
Setting Mandatory Scheduling Conference, one (1) full week prior to the Scheduling
email@example.com. The parties may appear by telephone by arranging a
one-line conference call and telephoning the Court at (559) 499-5789;
ADMONISHES Plaintiff that this Court will recommend to dismiss this action if
Plaintiff fails to comply with this order and to timely serve the summons and complaint
on Defendant in compliance with F.R.Civ.P. 4(i). See F.R.Civ.P. 4(m).
IT IS SO ORDERED.
June 23, 2014
UNITED STATES MAGISTRATE JUDGE
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