Smith v. Johnson

Filing 9

ORDER FOR SERVICE AND CONTINUING Initial Case Management Conference to 3/28/2012 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 1/9/2012. (Attachments: # 1 Certificate of service)(lmh, COURT STAFF) (Filed on 1/9/2012)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 SAN FRANCISCO DIVISION 9 10 FREDERICK SMITH, Plaintiff, 11 ORDER VACATING CMC v. 12 13 Case Number 3:11-cv-04823 NC HAROLD P. JOHNSON, 14 Defendant. 15 16 17 A case management conference currently is scheduled for January 11, 2012. As Smith is 18 proceeding in forma pauperis, Dkt. No. 4, service of the complaint must by made by the United 19 States marshal or another person specially appointed by the court. See FED . R. CIV . P. 4(c)(3). 20 Because Smith served the complaint on Johnson via certified mail, Dkt. No. 7, service has not 21 been properly executed in this case. Accordingly, the United States marshal is ordered to serve a 22 copy of the complaint and the summons on Johnson by January 25, 2012. The case management 23 conference is continued to March 28, 2012. 24 IT IS SO ORDERED. 25 26 DATED: January 9, 2012 ____________________________ NATHANAEL M. COUSINS United States Magistrate Judge 27 28 3:11-cv-04823 NC ORDER VACATING CM C Case N o.

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