Olson v. Hornbrook Community Services District, et al.

Filing 23

ORDER signed by District Judge Morrison C. England, Jr. on 4/5/2019 IT IS SO ORDERED that the reference of this matter to the assigned Magistrate Judge inaccordance with Local Rule 302(c)(21) is hereby WITHDRAWN, with the undersigned to handle the re mainder of this case for all purposes pursuantto Rule 302(d). Service of the 2nd Amended Complaint is appropriate for theDefendants. The Clerk of Court is directed to issue forthwith all process pursuant to FRCP 4. The Clerk of Court shall send Plain tiff one USM-285 form and one summons for each Defendant. Plaintiff shall supply the USM, within 30 days from the date this Order is filed, with all information needed by the USM 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 USM. The USM 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. (cc: USM)(Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KIMBERLY R. OLSON,

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No. 2:15-cv-00646-MCE-DMC-PS

Plaintiff,
v.

ORDER

HORNBOOK COMMUNITY
SERVICES DISTRICT, et al.,
Defendants.

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Plaintiff Kimberly R. Olson, who proceeds without counsel, initially filed this action

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on March 23, 2015 (ECF No. 1). On August 31, 2018, the assigned Magistrate Judge

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recommended that this matter be dismissed for failure to comply with both court orders

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and the provisions of Federal Rule of Civil Procedure 8 (ECF No. 17). Thereafter, on

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January 4, 2019, this Court rejected those findings and recommendations and deemed

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Plaintiff’s Second Amended Complaint to be properly filed. Given that rejection, the

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Court, in exercising its discretion, will withdraw its reference to the Magistrate Judge and

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handle the remainder of this matter for all purposes.

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The Court is in receipt of Plaintiff Olson’s letter dated January 14, 2019 which

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states that no Defendants have yet been served and requests service by the U.S.

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Marshal given the fact that Plaintiff is proceeding in this matter in forma pauperis (ECF
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No. 22). Given the lack of service to date, that portion of the Court’s January 14, 2019

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Order directing Defendants to file a responsive pleading within twenty (20) days after

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that Order was filed is hereby stricken.

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In addition, for the foregoing reasons, IT IS HEREBY ORDERED that:

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1.

The reference of this matter to the assigned Magistrate Judge in

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accordance with Local Rule 302(c)(21) is hereby withdrawn, with the

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undersigned to handle the remainder of this case for all purposes pursuant

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to Rule 302(d).
2.

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Service of the Second Amended Complaint is appropriate for the
Defendants named herein.

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3.

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The Clerk of Court is directed to issue forthwith all process pursuant to
Federal Rule of Civil Procedure 4.

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4.

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The Clerk of Court shall send Plaintiff one USM-285 form and one
summons for each Defendant.

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5.

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Plaintiff is advised that to effectuate service, the U.S. Marshal will require:

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a.

One completed summons;

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b.

One completed USM-285 form for each Defendant to be served;

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c.

A copy of the complaint for each Defendant to be served, with an

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extra copy for the U.S. Marshal.
6.

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Plaintiff shall supply the U.S. Marshal, within thirty (30) days from the date

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this Order is filed, with all information needed by the U.S. Marshal to

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effectuate service of process, and shall, within ten (10) days thereafter, file

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a statement with the Court that such documents have been submitted to

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the U.S. Marshal.
7.

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The U.S. Marshal shall serve process, with copies of this Court’s

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scheduling order and related documents, within ninety (90) days of receipt

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of the required information from Plaintiff, without prepayment of costs.

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If a Defendant waives service, the Defendant is required to return the

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signed waiver to the U.S. Marshal. The filing of an answer or a responsive

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motion does not relieve a Defendant of this requirement, and the failure to

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return the signed waiver may subject a Defendant to an order to pay the

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costs of service by the U.S. Marshal.

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9.

The Clerk of Court shall serve a copy of this Order on the U.S. Marshal.

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10.

Failure to comply with this Order may result in any appropriate sanctions,

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including monetary sanctions and/or dismissal of the action pursuant to

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Federal Rule of Civil Procedure 41(b).

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IT IS SO ORDERED.
Dated: April 5, 2019

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