Freberg v. State of California

Filing 10

ORDER Re: Summons and Service of Process. Plaintiff shall submit her summons to the Clerk of Court on or before February 5, 2010. Signed by Judge Dana M. Sabraw on 1/27/10.(All non-registered users served via U.S. Mail Service)(lao) (jrl).

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Twilah Yvonne Freberg, proceeding pro se, filed this case against the State of California on February 6, 2009. Because Plaintiff paid the filing fee, the Court did not screen Plaintiff's Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B). Nevertheless, after reviewing the twenty-two page Complaint and the voluminous exhibits attached thereto, and Plaintiff's Motion to Proceed filed on March 4, 2009, it appears Plaintiff has failed to submit a summons to the Clerk of Court, as required by Federal Rule of Civil Procedure 4. If Plaintiff wishes to proceed with this case, she must prepare and submit a summons to the Clerk of Court, and thereafter serve the summons along with a copy of the Complaint on Defendant as provided in Federal Rule of Civil Procedure 4. The Court notes that Plaintiff delivered a copy of certain documents to the Attorney General's office in Sacramento, but those documents did not include a court-issued summons, and thus would not have /// /// /// -1TWILAH YVONNE FREBERG, vs. STATE OF CALIFORNIA, Defendant. Plaintiff, CASE NO. 09cv0222 DMS (AJB) ORDER RE: SUMMONS AND SERVICE OF PROCESS UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 09cv0222 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 triggered Defendant to respond to the Complaint. Plaintiff shall submit her summons to the Clerk of Court on or before February 5, 2010. IT IS SO ORDERED. DATED: January 27, 2010 HON. DANA M. SABRAW United States District Judge -2- 09cv0222

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