Maxwell v. Holder, et al

Filing 9

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/8/2015 DEFERRING 8 Request for Service of Process by the U.S. Marshal pending receipt of a properly completed USM-285 Form for each named defendant; ORDERING the plaintiff to complete the att ached Notice of Submission of Documents and to submit to the court, the completed Notice of Submission of Documents, one completed summons, one completed USM-285 Form for each named defendant, and seven copies of the endorsed 1 Complaint, upon rece ipt of said documents, the court will direct the U.S Marshal to serve the defendants without payment of costs; CAUTIONING the plaintiff that service of summons must be completed within 120 days of the filing of the original complaint in this action. (Michel, G)

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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.

ORDER

EIRC HOLDER, JR., et al.,
Defendant.

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Plaintiff is proceeding in this action pro se and in forma pauperis. Plaintiff has requested

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that the United States Marshal serve process in this matter. In this case, plaintiff has sued a

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United States Officer in his official capacity. As such, plaintiff must complete service of process

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in accordance with Federal Rule of Civil Procedure 4(i). That rule provides as follows:

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4(i) Serving the United States and Its Agencies, Corporations,
Officers, or Employees.
(1) United States. To serve the United States, a party must:
(A)
(i) deliver a copy of the summons and of the
complaint to the United States attorney for the district where the
action is brought--or to an assistant United States attorney or
clerical employee whom the United States attorney designates in a
writing filed with the court clerk--or

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(ii) send a copy of each by registered or
certified mail to the civil-process clerk at the United States
attorney’s office;
(B) send a copy of each by registered or certified
mail to the Attorney General of the United States at Washington,
D.C.; and
(C) if the action challenges an order of a nonparty
agency or officer of the United States, send a copy of each by
registered or certified mail to the agency or officer.
(2) Agency; Corporation; Officer or Employee Sued in an
Official Capacity. To serve a United States agency or corporation,
or a United States officer or employee sued only in an official
capacity, a party must serve the United States and also send a copy
of the summons and of the complaint by registered or certified mail
to the agency, corporation, officer, or employee.

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(3) Officer or Employee Sued Individually. To serve a
United States officer or employee sued in an individual capacity for
an act or omission occurring in connection with duties performed
on the United States’ behalf (whether or not the officer or employee
is also sued in an official capacity), a party must serve the United
States and also serve the officer or employee under Rule 4(e), (f), or
(g).

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Plaintiff may accomplish service of process by sending via registered or certified mail a

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copy of the summons and complaint to the entities as outlined above. In the alternative, any

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service by the United States Marshal will require submission of a properly filled out USM-285

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form for each named defendant. The requisite forms may be obtained at the office of the United

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States Marshal.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for service of process by the United States Marshal is deferred

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pending receipt by the court of a properly filled out USM-285 form for each named defendant.

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To proceed with service by the Marshal, plaintiff shall complete the attached Notice of

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Submission of Documents and submit the following documents to the court:

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a. The completed Notice of Submission of Documents;

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b. One completed summons;

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c. One completed USM-285 form for each named defendant; and

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d. Seven copies of the endorsed complaint filed November 25, 2014.
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Upon receipt of the above-described documents, the court will direct the United States

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Marshal to serve the defendants pursuant to Federal Rule of Civil Procedure 4 without payment of

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costs.

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2. Plaintiff is cautioned that service of summons must be completed within 120 days of

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the filing of the original complaint in this action.

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Dated: January 8, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 maxwell.4i.mar

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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.

ORDER

ERIC HOLDER, JR., et al.,

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Defendants.

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Plaintiff submits the following documents in compliance with the court’s order filed
_____________________:

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completed summons form

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completed USM-285 forms

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copies of the ___________________
Complaint

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DATED:

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________________________________
Plaintiff

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