James et al v. The United States of America

Filing 10

ORDER FOR U.S. MARSHAL TO COMPLETE SERVICE FORTHWITH; ORDER CONTINUING CMC. Signed by Judge Maria-Elena James on 4/30/2010. (mejlc1, COURT STAFF) (Filed on 4/30/2010)

1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12
For the Northern District of California

UNITED STATES DISTRICT COURT Northern District of California
JAMES W. JAMES, v. Plaintiff(s),

No. C 09-05149 MEJ ORDER REQUIRING U.S. MARSHAL TO COMPLETE SERVICE OF PROCESS FORTHWITH ORDER CONTINUING CMC

THE UNITED STATES OF AMERICA, et al., Defendant(s). _____________________________________/

On October 30, 2009, Plaintiff James W. James filed the above-captioned complaint, as well as an in forma pauperis application. On December 9, 2009, the Court granted Plaintiff's application and ordered the United States Marshal for the Northern District of California to serve, without prepayment of fees, a copy of the complaint and case file upon the Defendants. (Dkt. #6.) On December 18, 2009, the Clerk of Court issued summons as to the named Defendants. (Dkt. #7.) However, since that time, there is no indication that Defendants have been served, the Clerk of Court has re-issued the summons, and the Court has had to continue the initial case management conference twice to allow for service of process. Accordingly, the Court hereby ORDERS the United States Marshal for the Northern District of California to serve, without prepayment of fees, a copy of the complaint and case file upon the Defendants by May 20, 2010. Further, to allow for service upon Defendants and to allow them time to respond, the Court hereby CONTINUES the case management conference, currently scheduled on May 6, 2010, to July 8, 2010 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. IT IS SO ORDERED. Dated: April 30, 2010 _______________________________ Maria-Elena James Chief United States Magistrate Judge

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1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12
For the Northern District of California

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JAMES W. JAMES et al, Plaintiff, v. THE UNITED STATES OF AMERICA et al, Defendant. /

Case Number: CV09-05149 MEJ CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on April 30, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 James W. James 15355 Bittern Court San Leandro, CA 94579 Dated: April 30, 2010 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk