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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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FREDERICK SMITH,
Plaintiff,

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ORDER VACATING CMC

v.

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Case Number 3:11-cv-04823 NC

HAROLD P. JOHNSON,

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Defendant.

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A case management conference currently is scheduled for January 11, 2012. As Smith is

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proceeding in forma pauperis, Dkt. No. 4, service of the complaint must by made by the United

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States marshal or another person specially appointed by the court. See FED . R. CIV . P. 4(c)(3).

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Because Smith served the complaint on Johnson via certified mail, Dkt. No. 7, service has not

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been properly executed in this case. Accordingly, the United States marshal is ordered to serve a

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copy of the complaint and the summons on Johnson by January 25, 2012. The case management

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conference is continued to March 28, 2012.

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IT IS SO ORDERED.

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DATED: January 9, 2012
____________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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3:11-cv-04823 NC
ORDER VACATING CM C
Case N o.