Sabetta et al v. The National Railroad Passenger Corp. et al

Filing 20

ORDER signed by Magistrate Judge Kendall J. Newman on 7/6/2010. Clerk directed to issue all process documents and send plaintiff following documents: 1 Summons, 7 USM-285 forms (w/instruction sheet), a copy of 9/3/2010 First Amended Complaint, Court& #039;s Scheduling Order, and Notice of Magistrate Judge's Availability to Exercise Jurisdiction. Plaintiff shall supply US Marshal, w/in 30 days from date of this Order, all information needed to effectuate service of process. Then plaintiff shall file, w/in 10 days thereafter, a Statement that such documents have submitted. (Marciel, M)

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(PS) Sabetta et al v. The National Railroad Passenger Corp. et al Doc. 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiffs, who are proceeding without counsel and in forma pauperis, filed their amended complaint on September 3, 2009. (Dkt. No. 12.) The undersigned screened the complaint pursuant to 28 U.S.C. 1915(e) and determined that service of the complaint on defendants would be appropriate once the United States District Judge assigned to this matter acted on certain proposed findings and recommendations. (See Dkt. No. 14.) In an order entered June 29, 2010, United States District Judge John A. Mendez adopted the undersigned's proposed findings and recommendations and dismissed with prejudice plaintiffs' claims for relief under 18 U.S.C. 245(b) and 245(e). (See Dkt. No. 19.) Judge Mendez also adopted the undersigned's additional proposed findings and recommendations and dismissed from this action with prejudice plaintiffs Bridgette Walker and Karl Wichelman. (Id.) Following Judge 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ANNE SABETTA, Plaintiff, v. THE NATIONAL RAILROAD PASSENGER CORP., dba AMTRAK, et al., Defendants. __________________________________/ No. 2:08-cv-2181 JAM KJN PS ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Mendez's adoption of the proposed findings and recommendations, the undersigned now orders service of the amended complaint, as modified. Accordingly, IT IS HEREBY ORDERED that: 1. The Clerk of the Court is directed to issue forthwith all process pursuant to Federal Rule of Civil Procedure 4. 2. The Clerk of Court shall send plaintiff seven USM-285 forms, one summons, an endorsed copy of plaintiff's amended complaint filed September 3, 2009 (Dkt. No. 12), this court's scheduling order, and the forms providing notice of the magistrate judge's availability to exercise jurisdiction for all purposes. 3. Plaintiff is advised that to effectuate service, the U.S. Marshal will require: a. b. c. One completed summons; One completed USM-285 form for each defendant to be served; A copy of the complaint for each defendant to be served, with an extra copy for the U.S. Marshal; and d. each defendant to be served. 4. Plaintiff shall supply the United States Marshal, within 30 days from the A copy of this court's scheduling order and related documents for date this order is filed, all information needed by the Marshal to effectuate service of process, and shall, within 10 days thereafter, file a statement with the court that such documents have been submitted to the United States Marshal. 5. The U.S. Marshal shall serve process, with copies of this court's scheduling order and related documents, within 90 days of receipt of the required information from plaintiff, without prepayment of costs. The United States Marshal shall, within 10 days thereafter, file a statement with the court that such documents have been served. If the U.S. Marshal is unable, for any reason, to effect service of process on any defendant, the Marshal shall promptly report that fact, and the reasons for it, to the undersigned. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 6. The Clerk of Court shall serve a copy of this order on the United States Marshal, 501 "I" Street, Sacramento, CA 95814 (tel. 916-930-2030). 7. Plaintiff's failure to comply with this order may result in a recommendation that this action be dismissed. IT IS SO ORDERED. DATED: July 6, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 3

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