Sienze v. Madera County Sheriff's Office, et al.

Filing 8

ORDER FINDING Service of First Amended Complaint Appropriate and Directing Clerk of Court to Forward Service Documents to Plaintiff for Completion and Return Within Thirty Days, signed by Magistrate Judge Stanley A. Boone on 8/22/17. Service shall be initiated on the following defendants: Deputy Sheriff Matthew J. Kutz and Sergeant D. Kerber. (Attachments: # 1 USM Civil Instructions and Summons) (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VICTOR M. SIENZE,
Plaintiff,

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Case No. 1:17-cv-00736-AWI-SAB
ORDER FINDING SERVICE OF FIRST
AMENDED COMPLAINT APPROPRIATE
AND DIRECTING CLERK OF THE COURT
TO FORWARD SERVICE DOCUMENTS
TO PLAINTIFF FOR COMPLETION AND
RETURN WITHIN THIRTY DAYS

v.
MADERA COUNTY SHERIFF’S OFFICE,
et al.,

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Defendants.
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Plaintiff Victor M. Sienze is appearing pro se and in forma pauperis in this civil rights

18 action pursuant to 42 U.S.C. § 1983. Plaintiff’s first amended complaint has been found to state
19 a claim against Deputy Sheriff Matthew J. Kutz and Sergeant D. Kerber for the use of excessive
20 force in violation of the Fourth Amendment. Accordingly, it is HEREBY ORDERED that:
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1.

Service shall be initiated on the following defendants:

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Deputy Sheriff Matthew J. Kutz

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Sergeant D. Kerber

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2.

The Clerk of the Court shall send Plaintiff two (2) USM-285 forms, two (2)

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summonses, a Notice of Submission of Documents form, an instruction sheet and

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a copy of the first amended complaint filed June 30, 2017;

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3.

Within thirty (30) days from the date of this order, Plaintiff shall complete the
attached Notice of Submission of Documents and submit the completed Notice to

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the Court with the following documents:

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a.

One completed summons for each defendant listed above;

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b.

One completed USM-285 form for each defendant listed above; and

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c.

Three (3) copies of the endorsed first amended complaint filed June 30,
2017;

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4.

Plaintiff need not attempt service on the defendants and need not request waiver

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of service. Upon receipt of the above-described documents, the Court will direct

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the United States Marshal to serve the above-named defendants pursuant to

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Federal Rule of Civil Procedure 4 without payment of costs; and

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5.

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

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12 IT IS SO ORDERED.
13 Dated:

August 22, 2017
UNITED STATES MAGISTRATE JUDGE

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