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)

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Case 1:22-cv-00141-ADA-CDB Document 10 Filed 11/21/22 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN WHITFIELD, 12 13 14 Plaintiff, v. KHALIB SALEH et al., 15 Defendants. 16 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) 17 18 19 On March 3, 2022, the Court granted Plaintiff Steven Whitfield’s application to 20 proceed in forma pauperis. (Doc. 4.) Civil New Case Documents were issued but summonses 21 were not prepared. (Doc. 5.) Given Plaintiff is proceeding in forma pauperis, the Court shall 22 now authorize service and direct Plaintiff to complete service documents for the U.S. Marshall 23 to effectuate service. 24 25 26 27 28 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 1 Saleh, Kimberly Long and Darrell Long, and (b) serve Plaintiff with the 2 summonses, three (3) USM-285 forms, a Notice of Submission of Documents form, 3 an instruction sheet, and a copy of the complaint filed February 2, 2022 (Doc. 1); 4 3. 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; and 9 c. Three (3) copies of the endorsed complaint filed February 2, 2022; 10 4. Plaintiff need not attempt service on the Defendants and need not request waiver of 11 service. Upon receipt of the above-described documents, the Court will direct the 12 United States Marshal to serve the above-named Defendants pursuant to Federal 13 Rule of Civil Procedure 4 without payment of costs; 14 5. The Initial Scheduling Conference, currently set for August 17, 2023, at 10:00 a.m., 15 is ADVANCED to February 23, 2023, at 9:00 a.m., before U.S. Magistrate Judge Christopher D. Baker. 16 confer and file a Joint Scheduling Report at least one week prior to the Conference 17 (see Doc. 5); and 18 19 6. The failure by Plaintiff to comply with this order will result in dismissal of this action. 20 21 22 The parties are reminded of their obligation to meet and IT IS SO ORDERED. Dated: November 21, 2022 ___________________ _ UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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