Cleveland v. Hunton et al

Filing 16

ORDER DIRECTING Clerk of the Court to Forward Plaintiff the Necessary Service of Process Forms for Completion and Return Within Thirty Days, signed by Magistrate Judge Stanley A. Boone on 4/27/17. (Attachments: # 1 USM Prisoner Instructions, Notice, and Summons) (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY CLEVELAND, Plaintiff, 12 13 14 Case No. 1:16-cv-01732-AWI-SAB ORDER DIRECTING CLERK OF THE COURT TO FORWARD PLAINTIFF THE NECESSARY SERVICE OF PROCESS FORMS FOR COMPLETION AND RETURN WITHIN THIRTY DAYS v. THOMAS C. HUNTON, et al., Defendants. 15 16 17 On November 16, 2016, Plaintiff Timothy Cleveland (“Plaintiff”), proceeding pro se and 18 in forma pauperis, filed this civil rights action pursuant to Bivens v. Six Unknown Named 19 Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), which provides a remedy for 20 violation of civil rights by federal actors. On April 25, 2017, Senior District Judge Anthony W. 21 Ishii ordered that certain claims and defendants were dismissed from this action and the matter 22 was referred to the undersigned to initiate service of process. This action is proceeding on the 23 second amended complaint filed March 14, 2017, against Defendant Thomas C. Hunton for 24 declaratory relief on Plaintiff’s Administrative Procedures Act claim regarding the decision to 25 accelerate his 2014 loan. 26 Accordingly, it is HEREBY ORDERED that: 27 1. 28 Service shall be initiated on the following defendant: THOMAS C. HUNTON 1 2. 1 The Clerk of the Court shall send Plaintiff one (1) USM-285 forms, one (1) 2 summons, a Notice of Submission of Documents form, an instruction sheet and a 3 copy of the Second Amended Complaint filed March 14, 2017 (ECF No. 12); 3. 4 Within thirty (30) days from the date of this order, Plaintiff shall complete the 5 attached Notice of Submission of Documents and submit the completed Notice to 6 the Court with the following documents: 7 a. One completed summons for each defendant listed above; 8 b. One completed USM-285 form for each defendant listed above; 9 c. Two (2) copies of the endorsed Second Amended Complaint filed March 14, 2017; 10 4. 11 Plaintiff need not attempt service on the defendant and need not request waiver of 12 service. Upon receipt of the above-described documents, the Court will direct the 13 United States Marshal to serve the above-named defendant pursuant to Federal 14 Rule of Civil Procedure 4 without payment of costs; and 5. 15 The failure to comply with this order will result in dismissal of this action. 16 17 IT IS SO ORDERED. 18 Dated: April 27, 2017 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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