Smith v. Fantone et al
ORDER Finding Cognizable Claims for Deliberate Indifference to Serious Medical Needs Against Defendants Fantone and Khokhar and for Violation of Due Process Against Defendant Khokhar, and Dismissing All Other Claims 12 ; ORDER Finding Service of Sec ond Amended Complaint Appropriate, and Forwarding Service Documents to Plaintiff for Completion and Return (30-Day Deadline), signed by Magistrate Judge Erica P. Grosjean on 4/14/17: Service appropriate as to Defendants Emmanuel J. Fantone and Jaswant Khokhar; Clerk to send Plaintiff: (2) Summonses, (2) USM-285 Forms, and (1) Copy of the Second Amended Complaint 12 , filed on April 7, 2017. (Attachments: # 1 PC USM Instructions Packet)(Hellings, J)
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
PLAINTIFF: Print your name.
COURT CASE NUMBER: Print the complete case number listed on your
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
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:
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.
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA
NOTICE OF SUBMISSION
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
OAO 440 (Rev. 10/93) Summons in a Civil Action
UNITED STATES DISTRICT COURT
SUMMONS IN A CIVIL CASE
TO: (Name and address of Defendant)
YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF’S ATTORNEY (name and address)
an answer to the complaint which is herewith served upon you, within
days after service of this
summons upon 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. You must also file your answer with the Clerk of this Court within a reasonable
period of time after service.
(By) DEPUTY CLERK
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