Sanchez v. Fingerhut

Filing 5

ORDER finding service of complaint appropriate and setting forth procedure for service of Defendant signed by Magistrate Judge Sandra M. Snyder on 9/23/2013. ( Filing Deadline: 10/29/2013). (Attachments: # 1 USM Instructions, # 2 Summons)(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MAX SANCHEZ,

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Plaintiff,

ORDER FINDING SERVICE OF
COMPLAINT APPROPRIATE AND
SETTING FORTH PROCEDURE FOR
SERVICE OF DEFENDANT

Defendant.

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Case No. 1:13-cv-01461-AWI-SMS

(Doc. 1)

v.
FINGERHUT,

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On September 11, 2013, Plaintiff Max Sanchez, proceeding in forma pauperis and pro se,

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filed a complaint contending that Defendant Fingerhut violated the Fair Credit Reporting Act (15

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U.S.C. § 1681 et seq.). The Court has screened the complaint and concludes that the complaint

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states a claim pursuant to 15 U.S.C. §§ 1681b and 1681n. Accordingly, the Court hereby ORDERS
that:

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1.

The Clerk of Court shall issue to Plaintiff all general new case information and
documentation.

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2.

Service shall be initiated on Defendant Fingerhut.

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3.

The Clerk of Court shall send Plaintiff one (1) USM-285 form, one summons, a

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Notice of Submission of Documents form, an instruction sheet, and a copy of the
complaint as filed by Plaintiff.

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4.

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Within thirty (30) days of the date on which the Clerk of Court mails to Plaintiff the

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materials listed in paragraphs 1 and 3, Plaintiff shall complete the attached Notice of

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Submission of Documents and submit the completed Notice to the Court with the

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completed summons, the completed USM-285 form, and two (2) copies of the

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endorsed complaint.

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5.

Plaintiff should not attempt service on Defendant and should not request waiver of

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service. Upon receipt of the documents set forth in paragraph 3, the Court will
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direct the United States Marshal to serve the Defendant pursuant to Federal Rule of

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Civil Procedure 4 without payment of costs.

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6.

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Failure to comply with this order will result in dismissal of this action.

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IT IS SO ORDERED.
Dated:

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September 23, 2013

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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