Sutton v. USA et al

Filing 48

MINUTE ORDER granting 39 Plaintiff's Motion to Vacate Show Cause Hearing Set for December 21, 2015. Show Cause Hearing 12/21/2015 09:30 AM is vacated. Order to Show Cause 30 is vacated. Granting 40 Motion to Serve Fourth/Final Prisoner Complaint on Reyes, Bonner, Gilbert, and Auriti. By Magistrate Judge Michael J. Watanabe on 12/3/2015.(emill)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv-00850-RM-MJW JOSHUA LAMONT SUTTON, Plaintiff, v. KRISTI MOORE, RICHARD POUNDS, DALE O’CONNOR, ORLANDO REYES, LASANDRA BUCKNER, ERIC GLIBERT, MR. AURITI, and BOBBY BONNER, Defendants. MINUTE ORDER Entered by Magistrate Judge Michael J. Watanabe It is hereby ORDERED that the plaintiff’s Motion to Vacate Show Cause Hearing Set for December 21, 2015 (Docket No. 39) is granted. Accordingly, the Order to Show Cause (Docket No. 30) and the Show Cause Hearing set on December 21, 2015, at 9:30 a.m., before Judge Watanabe are VACATED. It is further ORDERED that the plaintiff’s Motion to Serve Fourth/Final Prisoner Complaint on Reyes, Bonner, Gilbert, and Auriti (Docket No. 40) is granted. It is thus further ORDERED that if appropriate, the Clerk shall attempt to obtain a waiver of service from defendants Reyes, Bonner, Gilbert, and Auriti. If unable to do so, the United States Marshal shall serve a copy of the Fourth Amended Complaint and summons upon those defendants. 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 Date: December 3, 2015

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