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, )

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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. ยง 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. 1 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 2

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