Robledo-Valdez v. Smelser et al

Filing 59

MINUTE ORDER. ORDERED that the United States Marshals Service shall serve the Summons and Amended Complaint on the Unserved Defendants or, in the alternative, if service is not possible, file proof of inability to serve the Unserved Defendants on the docket on or before May 31, 2013 by Magistrate Judge Kristen L. Mix on 05/02/13. (jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01833-WYD-KLM
CRAIG ROBLEDO-VALDEZ,
Plaintiff,
v.
DICK SMELSER, Warden of CCA,
RAY ROMERO, of CCCF,
ALBERT MARTINEZ, of CCA,
TIANA LUCERO, of CCCF,
ELIJAH RIDGEWELL,
JUDY BREZINDINE,
RAMOS, Officer,
SANTISTEVAN, Officer,
RACHAEL INFANTE,
GONZALES, Conselor,
MONREAL, Sergeant,
ACKER, Sergeant,
SHANE KOLANDER,
PELSTER, Sergeant,
TONY CAROCHI,
DANIEL CHAVEZ,
C. REYES,
D. CORTESE,
2 UNNMED PPMU OFFICERS, and
RANDY MARTINEZ,

Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court sua sponte. It has come to the Court’s attention that
the following Defendants have not been served with the Summons and Amended
Complaint in this action and, therefore, are not currently proper parties: Defendants Dick
Smelser, Ray Romero, Tiana Lucero, Sergeant Pelster, Daniel Chavez, C. Reyes, and 2
Unnamed PPMU Officers (the “Unserved Defendants”). Plaintiff filed this civil action on
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July 12, 2012 [#1]. The Amended Complaint was filed on September 17, 2012 [#15]. By
an Order dated July 13, 2012 [#6], Plaintiff was given leave to proceed in forma pauperis.
On November 14, 2012, the Clerk of the Court filed a Certificate of Service certifying that
it sent the Summonses and Amended Complaint to service contacts at the Colorado
Department of Corrections and the Crowley County Correctional Facility in order to
effectuate service on all Defendants [#24]. On November 16, 2012, a waiver of service for
Defendant Tony Carochi and Defendant D. Cortese was filed [#25]. On November 21,
2012, a waiver of service for Defendant Albert Martinez, Defendant Elijah Ridgewell,
Defendant Judy Brizendine, Defendant Vinicio Ramos, Defendant Maurice Santisteven,
Defendant Rachael Infante, Defendant Angelina Gonzales, Defendant Jordon Monreal,
Defendant Tim Acker, Defendant Shane Kolander, and Defendant Randy Martinez was
filed [#28]. No waiver has been returned for the Unserved Defendants. No evidence of an
inability to serve the Unserved Defendants has been entered on the docket. Accordingly,
IT IS HEREBY ORDERED that the United States Marshal’s Service shall serve the
Summons and Amended Complaint on the Unserved Defendants or, in the alternative, if
service is not possible, file proof of inability to serve the Unserved Defendants on the
docket on or before May 31, 2013.
Dated: May 2, 2013

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