Ramirez v. Gutierrez et al

Filing 8

ORDER Directing Clerk Court to Reissue IFP Package to Plaintiff; Directing U.S. Marshal to Effect Service of Summons and Complaint Pursuant to 28 U.S.C. § 1915(d) and Fed. R. Civ. P. 4(c)(3). Signed by Judge Michael M. Anello on 11/18/2020. (All non-registered users served via U.S. Mail Service and IFP packet mailed to Plaintiff.)(tcf)

Case 3:20-cv-01109-MMA-BLM Document 8 Filed 11/18/20 PageID.50 Page 1 of 3

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

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ALIVER RAMIREZ,

Case No. 20cv1109-MMA-BLM
Plaintiff,

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vs.

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ORDER DIRECTING CLERK OF
COURT TO REISSUE IFP
PACKAGE TO PLAINTIFF;

R. GUTIERREZ, et al.,

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Defendants.

DIRECTING U.S. MARSHAL TO
EFFECT SERVICE OF SUMMONS
AND COMPLAINT PURSUANT TO
28 U.S.C. § 1915(d) AND
Fed. R. Civ. P. 4(c)(3)

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Plaintiff Aliver Ramirez, currently incarcerated at Richard J. Donovan State Prison

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(“RJD”) located in San Diego, California, and proceeding pro se, has filed a civil rights

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complaint pursuant to 42 U.S.C. § 1983. See Doc. No. 1. The Court granted Plaintiff’s

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motion to proceed in forma pauperis and screened the complaint. See Doc. No. 6. The

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Court directed the Clerk of Court:

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[T]o issue a summons as to Plaintiff’s Complaint (Doc. No. 1) upon
Defendants GUTIERREZ, AVILES, and GARCIA and forward it to Plaintiff
along with a blank U.S. Marshal Form 285. In addition, the Clerk will provide
Plaintiff with a certified copy of this Order, a certified copy of his Complaint
and the summons so that he may serve them upon Defendants GUTIERREZ,
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AVILES, and GARCIA [an “IFP package”].

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Id. at 7. A summons issued on September 23, 2020 and the Clerk served Plaintiff with

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the IFP package on that same date. See Doc. No. 7. However, the Court has been

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advised that, to date, Plaintiff has not received the IFP package at the facility where he is

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currently housed. Because almost two months have passed in the interim, the Court finds

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it appropriate to direct the Clerk to reissue the IFP package in this action.

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Accordingly, the Court:

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1.

DIRECTS the Clerk to forward the previously issued summons (Doc. No.

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7) as to Plaintiff’s Complaint (Doc. No. 1) along with a blank U.S. Marshal Form 285 for

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each Defendant (Defendants GUTIERREZ, AVILES, and GARCIA). In addition, the

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Clerk will provide Plaintiff with a certified copy of this Order, a certified copy of the

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Court’s screening order (Doc. No. 6), a certified copy of his Complaint (Doc. No. 1), and

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the summons so that he may serve them upon Defendants GUTIERREZ, AVILES, and

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GARCIA.

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2.

Upon receipt of this “IFP Package,” Plaintiff must complete the Form 285s

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as completely and accurately as possible, include an address where each named

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Defendant may be found and/or subject to service, and return them to the United States

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Marshal according to the instructions the Clerk provides in the letter accompanying his

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IFP package.

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ORDERS the U.S. Marshal to serve a copy of the Complaint and summons

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upon the named Defendants as directed by Plaintiff on the USM Form 285s provided to

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him. All costs of that service will be advanced by the United States. See 28 U.S.C.

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§ 1915(d); Fed. R. Civ. P. 4(c)(3).

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4.

ORDERS Defendants, once they have been served, to reply to Plaintiff’s

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Complaint within the time provided by the applicable provisions of Federal Rule of Civil

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Procedure 12(a). See 42 U.S.C. § 1997e(g)(2) (while a defendant may occasionally be

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permitted to “waive the right to reply to any action brought by a prisoner confined in any
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jail, prison, or other correctional facility under section 1983,” once the Court has

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conducted its sua sponte screening pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b),

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and thus, has made a preliminary determination based on the face on the pleading alone

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that Plaintiff has a “reasonable opportunity to prevail on the merits,” the defendant is

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required to respond); and

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5.

ORDERS Plaintiff, after service has been effected by the U.S. Marshal, to

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serve upon Defendants, or, if appearance has been entered by counsel, upon Defendants’

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counsel, a copy of every further pleading, motion, or other document submitted for the

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Court’s consideration pursuant to Fed. R. Civ. P. 5(b). Plaintiff must include with every

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original document he seeks to file with the Clerk of the Court, a certificate stating the

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manner in which a true and correct copy of that document has been was served on

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Defendants or their counsel, and the date of that service. See CivLR 5.2. Any document

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received by the Court which has not been properly filed with the Clerk or which fails to

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include a Certificate of Service upon Defendants may be disregarded.

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IT IS SO ORDERED.

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DATED: November 18, 2020

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_________________________________________
HON. MICHAEL M. ANELLO
United States District Judge

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