Hoeft v. Ballon

Filing 27

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/14/2017 ORDERING the plaintiff to submit to the U.S. Marshal, by 4/28/2017, a properly completed USM-285 form and to file a copy of said form with the court; CAUTIONING the plaintiff that a failure to comply with this order will result in the dismissal of this action without prejudice. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MONICA HOEFT,

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No. 2:16-cv-2615 CKD PS

Plaintiff,
v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY, et al.,
Defendants.

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By order filed February 9, 2017, plaintiff was directed to provide to the United States

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Marshal, within twenty-eight days, all information needed by the Marshal to effect service of

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process, including all information required for proper service of summons under Federal Rule of

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Civil Procedure 4(i) and to file a statement with the court that said documents have been

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submitted to the United States Marshal, along with a copy of the information provided to the

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Marshal.

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On March 2, 2017, plaintiff filed a statement that she had provided a copy of the amended

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complaint to the United States Marshal. On March 23, 2017, plaintiff filed a statement that she

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had submitted all properly filled out forms to the United States Marshal. However, plaintiff did

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not provide to the court copies of the documents submitted to the Marshal. The court has

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previously advised plaintiff that review by the court of the documents submitted to the Marshal is
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necessary so that the court can determine whether plaintiff has complied with Federal Rule of

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Civil Procedure 4.

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Plaintiff has now submitted copies of the documents submitted to the Marshal. ECF No.

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26. Examination of those documents shows that plaintiff has submitted a blank USM-285 form to

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the Marshal. No information has been provided with respect to service on defendant.

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Accordingly, IT IS HEREBY ORDERED that no later than April 28, 2017, plaintiff shall

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provide a properly filled out USM-285 form, including all information needed by the United

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States Marshal to effect service of process under Federal Rule of Civil Procedure 4(i). Plaintiff

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shall also file with the court a copy of the USM-285 form submitted to the United States Marshal.

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Failure to comply with this order shall result in dismissal of this action without prejudice. See

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Local Rule 110; Fed. R. Civ. P. 41(b).

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Dated: April 14, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 hoeft2615.4.eot

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