Garcia v. Hernandez et al

Filing 10

ORDER to Serve Defendant by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 10/20/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PERFECTO BAUER GARCIA, Case No. 15-cv-04045-EDL Plaintiff, 8 v. ORDER TO SERVE DEFENDANT 9 10 STEVE POTTER, Defendant. United States District Court Northern District of California 11 12 13 On September 15, 2015, the Court issued an Order granting Plaintiff’s application to 14 proceed in forma pauperis and sua sponte dismissing Plaintiff’s complaint with leave to amend. In 15 the Order dismissing the complaint, the Court required that any amended complaint clearly state 16 the basis for federal court jurisdiction and make clear which factual allegations and claims relate 17 to which defendants. Plaintiff timely filed an amended complaint. Though the amended 18 complaint is not a model of clarity, the Court will not dismiss it as frivolous pursuant to 28 U.S.C. 19 § 1915. 20 The Clerk is hereby Ordered to issue summons, and it is further Ordered that the U.S. 21 Marshal for the Northern District of California serve, without prepayment of fees, a copy of the 22 complaint, scheduling orders, attachments, plaintiff's affidavit and this order upon the Defendant. 23 24 IT IS SO ORDERED. Dated: October 20, 2015 25 26 27 28 ________________________ ELIZABETH D. LAPORTE United States Magistrate Judge 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PERFECTO BAUER GARCIA, Case No. 15-cv-04045-EDL Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 STEVE POTTER, Defendant. United States District Court Northern District of California 11 12 13 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 14 15 16 17 18 That on October 21, 2015, I SERVED a true and correct copy(ies) of the attached order, 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. 19 20 21 Perfecto Bauer Garcia 2006 Swan Way Fairfield, CA 94533 22 23 24 25 Dated: October 21, 2015 Susan Y. Soong Clerk, United States District Court 26 27 28 By:________________________ Stephen Ybarra, Deputy Clerk to the Honorable ELIZABETH D. LAPORTE 2

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