Whitfield v. Saleh et al

Filing 10

ORDER (1) GRANTING Plaintiff's 6 Motion to Issue Summones; (2) AUTHORIZING Service of Complaint, and Forwarding Service Documents to Plaintiff for Completion and Return within Thirty Days; and (3) Resetting Scheduling Conference signed by Ma gistrate Judge Christopher D. Baker on 11/21/2022. Initial Scheduling Conference set for 2/23/2023 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Christopher D. Baker. (Attachments: # 1 USM Instructions)(Sant Agata, S)

Case 1:22-cv-00141-ADA-CDB Document 10 Filed 11/21/22 Page 1 of 2

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN WHITFIELD,

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Plaintiff,
v.
KHALIB SALEH et al.,

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Defendants.

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Case No. 1:22-cv-00141-ADA-CDB
ORDER (1) GRANTING PLAINTIFF’S
MOTION TO ISSUE SUMMONSES; (2)
AUTHORIZING SERVICE OF COMPLAINT,
AND FORWARDING SERVICE
DOCUMENTS TO PLAINTIFF FOR
COMPLETION AND RETURN WITHIN
THIRTY DAYS; AND (3) RESETTING
SCHEDULING CONFERENCE
(Doc. 6)

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On March 3, 2022, the Court granted Plaintiff Steven Whitfield’s application to

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proceed in forma pauperis. (Doc. 4.) Civil New Case Documents were issued but summonses

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were not prepared. (Doc. 5.) Given Plaintiff is proceeding in forma pauperis, the Court shall

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now authorize service and direct Plaintiff to complete service documents for the U.S. Marshall

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to effectuate service.

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Based on the Plaintiff’s motion (Doc. 6) and posture of the case, IT IS HEREBY
ORDERED:
1. Service shall be initiated on the following Defendants: Khalib Saleh, Kimberly
Long and Darrell Long;
2. The Clerk of Court is DIRECTED to (a) issue summonses as to Defendants Khalib

Case 1:22-cv-00141-ADA-CDB Document 10 Filed 11/21/22 Page 2 of 2

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Saleh, Kimberly Long and Darrell Long, and (b) serve Plaintiff with the

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summonses, three (3) USM-285 forms, a Notice of Submission of Documents form,

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an instruction sheet, and a copy of the complaint filed February 2, 2022 (Doc. 1);

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3. Within thirty (30) days from the date of this order, Plaintiff shall complete the

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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 complaint filed February 2, 2022;

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4. Plaintiff need not attempt service on the Defendants and need not request waiver of

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

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United States Marshal to serve the above-named Defendants pursuant to Federal

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Rule of Civil Procedure 4 without payment of costs;

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5. The Initial Scheduling Conference, currently set for August 17, 2023, at 10:00 a.m.,

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is ADVANCED to February 23, 2023, at 9:00 a.m., before U.S. Magistrate Judge
Christopher D. Baker.

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confer and file a Joint Scheduling Report at least one week prior to the Conference

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(see Doc. 5); and

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

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The parties are reminded of their obligation to meet and

IT IS SO ORDERED.
Dated:

November 21, 2022

___________________

_

UNITED STATES MAGISTRATE JUDGE

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