Al Azzawi v. Department of the Army et al

Filing 6

ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/28/15 ORDERING that no later than 09/11/15, plaintiff shall serve defendants in compliance with FRCivP 4 and file an executed return of summons reflecting said service. Clerk to serve a courtesy copy of this order on Chi Soo Kim, Asst U.S. Attorney, Eastern District of California, 501 I Street, Suite 10-100, Sacramento, CA 95814. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WAMEEDH AL AZZAWI,

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Plaintiff,

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v.

No. 2:15-cv-1138 GEB CKD PS

ORDER

DEPARTMENT OF THE ARMY, et al.,

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Defendants.

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In this action, plaintiff is proceeding in propria persona. A status conference is currently

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set for hearing on October 28, 2015. On August 17, 2015, plaintiff filed a return of summons.

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While the return of summons indicates partial compliance with Federal Rule of Civil Procedure

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4(i) which sets forth the proper procedure for serving summons on the United States and its

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agencies, the return of summons does not indicate compliance with Federal Rule of Civil

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Procedure 4(i)(1)(A) (service of summons and complaint on the United Sates attorney for the

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district where the action is brought required under Rule 4). In the order setting status conference

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filed May 27, 2015, plaintiff was cautioned that under Federal Rule of Civil Procedure 4(m), this

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action may be dismissed if service of process is not accomplished within 120 days from the date

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that the complaint was filed. Plaintiff is again cautioned that summons must be timely served on

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defendants in compliance with Federal Rule of Civil Procedure 4.

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Accordingly, IT IS HEREBY ORDERED that:

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1. No later than September 11, 2015, plaintiff shall serve defendants in compliance with

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Federal Rule of Civil Procedure 4 and file an executed return of summons reflecting said service.

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2. The Clerk of Court is directed to serve a courtesy copy of this order on Chi Soo Kim,|

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Assistant United States Attorney, Eastern District of California, 501 I Street, Suite 10-100,

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Sacramento, CA 95814.

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Dated: August 28, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 azzawi1138.sum

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