Brown v. FlexTronics USA, Inc.

Filing 19

ORDER Granting Service by United States Marshal by Magistrate Judge Kristen L. Mix on 6/4/2012. (agarc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01117-LTB-KLM
RANDOLPH S. BROWN, SR.,
Plaintiff,
v.
FLEXTRONICS USA, INC.,
Defendant.
_____________________________________________________________________
ORDER GRANTING SERVICE BY UNITED STATES MARSHAL
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court sua sponte. Plaintiff initiated this lawsuit pro se on
April 27, 2011 [#1]. Plaintiff was granted leave to proceed in forma pauperis on May 19,
2011 [#6]. The Court issued an order granting service by the United States Marshal on
July 7, 2011 [#16]. On July 26, 2011, the summons was returned unexecuted, due to an
incorrect address for Defendant [#17]. On November 8, 2011, Plaintiff submitted a Notice
of Change of Address stating a new address for Defendant (and for Plaintiff) [#18].
Pursuant to Rule 4(m), service of a summons and complaint must be completed
within 120 days after the complaint is filed; however, the Court may extend the deadline in
which service must be effected. Accordingly,
IT IS HEREBY ORDERED sua sponte that the deadline for completion of service
pursuant to Fed. R. Civ. P. 4 is extended up to and including July 16, 2012.
IT IS FURTHER ORDERED that, if appropriate, the Clerk shall attempt to obtain a
waiver of service from Defendant at the address identified in the Notice located at Docket
No. 18. If unable to do so, the United States Marshal shall serve a copy of the Amended
Complaint [Docket No. 8], summons, order granting leave to proceed pursuant to 28 U.S.C.
§ 1915, and all other orders upon Defendant at the address identified in the Notice located
at Docket No. 18. If appropriate, the Marshal shall first attempt to obtain a waiver of service
of these documents pursuant to Fed. R. Civ. P. 4(d). All costs of service shall be advanced
by the United States.

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IT IS FURTHER ORDERED that Defendant shall respond to the Amended
Complaint as provided for in the Federal Rules of Civil Procedure after service of process
is effected.
Dated: June 4, 2012

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