Maxwell v. Holder, et al

Filing 11

ORDER DIRECTING SERVICE BY THE USM signed by Magistrate Judge Carolyn K. Delaney on 1/21/15. The Clerk is directed to forward to the USM the instructions for service of process, the completed summons, copies of the complaint, copies of the form Consent to Proceed Before a U.S. Magistrate Judge, and a copy of this order. The USM is directed to serve all process without prepayment of costs not later than sixty days from the date of this order. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VALENTINA MAXWELL,

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No. 2:14-cv-2772 TLN CKD PS

Plaintiff,
v.
ERIC HOLDER, JR., et al.,

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ORDER AND ORDER DIRECTING
SERVICE BY THE UNITED STATES
MARSHAL WITHOUT PREPAYMENT OF
COSTS

Defendants.

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Plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has

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submitted documents for service by the United States Marshal. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The Clerk of the Court is directed to forward to the United States Marshal the

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instructions for service of process, the completed summons, copies of the complaint, copies of the

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form Consent to Proceed Before a United States Magistrate Judge, and a copy of this order.

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2. The United States Marshal is directed to serve all process without prepayment of costs

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not later than sixty days from the date of this order. Service of process shall be completed by

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delivering a copy of the summons and complaint to the United States Attorney for the Eastern

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District of California, and by sending a copy of the summons and complaint by registered or

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certified mail to the Attorney General of the United States at Washington, D.C. See Fed. R. Civ.

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P. 4(i)(1)(A) & (B). The Marshal shall also send a copy of the summons and complaint by
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registered or certified mail to each of the defendants at the address identified for each defendant

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on the USM-285 forms. See Fed. R. Civ. P. 4(i)(2).

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Dated: January 21, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 maxwell.serve.mar

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Rand Notice to Plaintiff

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This notice is provided to ensure that you, a pro se prisoner plaintiff, “have fair, timely and adequate notice

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of what is required” to oppose a motion for summary judgment. See Woods v. Carey, 684 F.3d 934 (9th Cir. 2012);

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Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998). The court requires that you be provided with this notice

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regarding the requirements for opposing a motion for summary judgment under Rule 56 of the Federal Rules of Civil

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Procedure.

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When a defendant moves for summary judgment, the defendant is requesting that the court grant judgment

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in defendant’s favor without a trial. If there is no real dispute about any fact that would affect the result of your case,

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the defendant who asked for summary judgment is entitled to judgment as a matter of law, which will end your case

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against that defendant. A motion for summary judgment will set forth the facts that the defendant asserts are not

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reasonably subject to dispute and that entitle the defendant to judgment.

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To oppose a motion for summary judgment, you must show proof of your claims. To do this, you may refer

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to specific statements made in your complaint if you signed your complaint under penalty of perjury and if your

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complaint shows that you have personal knowledge of the matters stated. You may also submit declarations setting

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forth the facts that you believe prove your claims, as long as the person who signs the declaration has personal

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knowledge of the facts stated. You may also submit all or part of deposition transcripts, answers to interrogatories,

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admissions, and other authenticated documents. For each of the facts listed in the defendant’s Statement of

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Undisputed Facts, you must admit the facts that are undisputed, and deny the facts that are disputed. If you deny a

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fact, you must cite to the proof that you rely on to support your denial. See L.R. 260(b). If you fail to contradict the

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defendant’s evidence with your own evidence, the court may accept the defendant’s evidence as the truth and grant

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the motion.

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The court will consider a request to postpone consideration of the defendant’s motion if you submit a

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declaration showing that for a specific reason you cannot present such facts in your opposition. If you do not respond

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to the motion, the court may consider your failure to act as a waiver of your opposition. See L.R. 230(l).

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If the court grants the defendant’s motion, whether opposed or unopposed, judgment will be entered for that
defendant without a trial and the case will be closed as to that defendant.

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