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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VALENTINA MAXWELL, 12 13 14 No. 2:14-cv-2772 TLN CKD PS Plaintiff, v. ERIC HOLDER, JR., et al., 15 ORDER AND ORDER DIRECTING SERVICE BY THE UNITED STATES MARSHAL WITHOUT PREPAYMENT OF COSTS Defendants. 16 17 Plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has 18 submitted documents for service by the United States Marshal. Accordingly, IT IS HEREBY 19 ORDERED that: 20 1. The Clerk of the Court is directed to forward to the United States Marshal the 21 instructions for service of process, the completed summons, copies of the complaint, copies of the 22 form Consent to Proceed Before a United States Magistrate Judge, and a copy of this order. 23 2. The United States Marshal is directed to serve all process without prepayment of costs 24 not later than sixty days from the date of this order. Service of process shall be completed by 25 delivering a copy of the summons and complaint to the United States Attorney for the Eastern 26 District of California, and by sending a copy of the summons and complaint by registered or 27 certified mail to the Attorney General of the United States at Washington, D.C. See Fed. R. Civ. 28 P. 4(i)(1)(A) & (B). The Marshal shall also send a copy of the summons and complaint by 1 1 registered or certified mail to each of the defendants at the address identified for each defendant 2 on the USM-285 forms. See Fed. R. Civ. P. 4(i)(2). 3 Dated: January 21, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 4 maxwell.serve.mar 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 Rand Notice to Plaintiff 2 This notice is provided to ensure that you, a pro se prisoner plaintiff, “have fair, timely and adequate notice 3 of what is required” to oppose a motion for summary judgment. See Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); 4 Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998). The court requires that you be provided with this notice 5 regarding the requirements for opposing a motion for summary judgment under Rule 56 of the Federal Rules of Civil 6 Procedure. 7 When a defendant moves for summary judgment, the defendant is requesting that the court grant judgment 8 in defendant’s favor without a trial. If there is no real dispute about any fact that would affect the result of your case, 9 the defendant who asked for summary judgment is entitled to judgment as a matter of law, which will end your case 10 against that defendant. A motion for summary judgment will set forth the facts that the defendant asserts are not 11 reasonably subject to dispute and that entitle the defendant to judgment. 12 To oppose a motion for summary judgment, you must show proof of your claims. To do this, you may refer 13 to specific statements made in your complaint if you signed your complaint under penalty of perjury and if your 14 complaint shows that you have personal knowledge of the matters stated. You may also submit declarations setting 15 forth the facts that you believe prove your claims, as long as the person who signs the declaration has personal 16 knowledge of the facts stated. You may also submit all or part of deposition transcripts, answers to interrogatories, 17 admissions, and other authenticated documents. For each of the facts listed in the defendant’s Statement of 18 Undisputed Facts, you must admit the facts that are undisputed, and deny the facts that are disputed. If you deny a 19 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 20 defendant’s evidence with your own evidence, the court may accept the defendant’s evidence as the truth and grant 21 the motion. 22 The court will consider a request to postpone consideration of the defendant’s motion if you submit a 23 declaration showing that for a specific reason you cannot present such facts in your opposition. If you do not respond 24 to the motion, the court may consider your failure to act as a waiver of your opposition. See L.R. 230(l). 25 26 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. 27 28 1

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