Millner v. Woods et al

Filing 10

ORDER REQUIRING Plaintiff to Serve Complaint on Defendants within Ninety Days signed by Magistrate Judge Stanley A. Boone on 6/5/2017. (Sant Agata, S)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 JAMES MILLNER, Case No. 1:16-cv-01209-SAB-PC 8 Plaintiff, ORDER REQUIRING PLAINTIFF TO SERVE COMPLAINT ON DEFENDANTS WITHIN NINETY DAYS 9 v. 10 DR. WOODS, et al., 11 Defendants. 12 13 14 I. Order Directing Plaintiff to Initiate Service of Process 15 Plaintiff James Millner is proceeding pro se in this civil action filed on August 15, 2016. 16 The Court screened Plaintiff’s amended complaint and found that it states a claim for relief 17 against Defendants Woods and Hashem for deliberate indifference in violation of the Eighth 18 Amendment. 28 U.S.C. § 1915A. 19 Plaintiff is not proceeding in forma pauperis and is therefore responsible for serving 20 Defendants in accordance with Rule 4 of the Federal Rules of Civil Procedure. Included with 21 this order are the appropriate service forms and a copy of Rule 4. Unless good cause for an 22 extension of time is shown, Plaintiff must complete service of process and file proof thereof with 23 the Court within ninety days. Fed. R. Civ. P. 4(m). The following two sections contain 24 instructions on how to serve Defendants. 25 II. Instructions on Completing Service 26 A. Waiver of Service 27 Plaintiff has the option of notifying Defendants of the commencement of this action and 28 requesting that they waive service of the summons. Fed. R. Civ. P. 4(d)(1). If Plaintiff wishes to 1 1 do this, he must mail each defendant (1) the form entitled “Notice of Lawsuit and Request for 2 Waiver of Service for Summons,” (2) two (2) copies of the form entitled “Waiver of Service of 3 Summons,” (3) a copy of the amended complaint, (4) prepaid means for returning the form; and 4 (5) a copy of this order. The documents must be addressed directly to each defendant (not the 5 Attorney General’s Office or any other governmental entity), and the documents must be sent by 6 first-class mail or other reliable means. Id. The Waiver of Service of Summons form must set 7 forth the date on which the request is sent and must allow each defendant at least thirty days to 8 return the waiver to Plaintiff. If Defendants sign and return the waiver forms to Plaintiff, 9 Plaintiff must then file the forms with the Court. After filing the forms with the Court, Plaintiff 10 does not need to do anything further to serve Defendants. Fed. R. Civ. P. 4(d)(4). 11 B. Personal Service 12 Plaintiff must effect personal service on any defendants whom Plaintiff does not request 13 to waive service and on any defendants who are requested to waive service but fail to return the 14 Waiver of Service of Summons form to Plaintiff. In either situation, the summons, a copy of the 15 amended complaint, and a copy of this order must be personally served on each defendant (not 16 the Attorney General’s Office or any other governmental entity). Plaintiff may not effect 17 personal service himself. Fed. R. Civ. P. 4(c)(2). Service may be effected by any person who 18 is not a party to this action and who is at least eighteen years old. Id. Plaintiff should review 19 Rule 4(e), provided with this order, as it more fully addresses how personal service is effected. 20 III. Order 21 In accordance with the above, it is HEREBY ORDERED that: 22 1. The Clerk of the Court shall issue and send Plaintiff two summonses, and shall send Plaintiff the following documents: 23 24 a) Two copies of the amended complaint filed on October 24, 2016; 25 b) Two Copies of the “Notice of Lawsuit and Request for Waiver of Service of Summons;” 26 27 c) Four copies of “Waiver of Service of Summons;” and 28 d) One copy of the Rule 4 of the Federal Rules of Civil Procedure; 2 2. 1 Plaintiff shall complete service of process on Defendants within ninety (90) days from the date of service of this order; and 2 3. 3 Unless good cause is shown, Plaintiff’s failure to complete service of process on 4 Defendants and to file proof thereof with the Court within ninety (90) days will 5 result in dismissal of this action. 6 7 IT IS SO ORDERED. 8 Dated: June 5, 2017 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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