Ochoa v. Johns et al

Filing 3

ORDER directing the U.S. Marshal to serve a copy of the 1 Petition for Writ of Habeas Corpus and a copy of this Order by registered or certified mail upon: (1) the Attorney General of the U.S.; (2) the named Respondent; and (3) the civil process cl erk at the office of the U.S. Attorney for the SDGA. Respondent is hereby ordered to show cause, in writing, why the Petitioner's writ should not be granted within twenty-one (21) days of the date of service. The Clerk is AUTHORIZED and DIRECTED to terminate all Respondents except Warden Tracy Johns upon the docket and record of this case. Signed by Magistrate Judge R. Stan Baker on 3/29/2017. (ca) (Additional attachment(s) added on 3/29/2017: # 1 Prepared USM285-Attorney General of the U.S., # 2 Prepared USM285-Tracy Johns, # 3 Prepared USM285-U.S. Attorney for the SDGA) (ca).

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USM-285 is a 5-part form. Fill out the form and print 5 copies. Sign as needed and route as specified below. U.S. Department of Justice United States Marshals Service PROCESS RECEIPT AND RETURN PLAINTIFF COURT CASE NUMBER JUAN RAMON OCHOA 5:17-cv-31 DEFENDANT TYPE OF PROCESS TRACY JOHNS, Warden PETITION AND ORDER NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN { SERVE AT U.S. Attorney for the SDGA (Civil Process Clerk) ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code) 22 Barnard Street, Suite 300, Savannah, GA 31412 SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW 2 Number of parties to be served in this case 3 Check for service on U.S.A. Juan Ramon Ochoa 30681-112 D. Ray James C.I. P.O. Box 2000 Folkston, GA 31537 Number of process to be served with this Form 285 X SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All Telephone Numbers, and Estimated Times Available for Service): Fold Fold Per Order of the Court dated 3/29/17. Signature of Attorney other Originator requesting service on behalf of: Scott L. Poff, Clerk ✘ PLAINTIFF DEFENDANT TELEPHONE NUMBER DATE 912-280-1330 3/29/17 SPACE BELOW FOR USE OF U.S. MARSHAL ONLY-- DO NOT WRITE BELOW THIS LINE I acknowledge receipt for the total number of process indicated. (Sign only for USM 285 if more than one USM 285 is submitted) Total Process District of Origin District to Serve No. No. Signature of Authorized USMS Deputy or Clerk Date I hereby certify and return that I have personally served , have legal evidence of service, have executed as shown in "Remarks", the process described on the individual , company, corporation, etc., at the address shown above on the on the individual , company, corporation, etc. shown at the address inserted below. I hereby certify and return that I am unable to locate the individual, company, corporation, etc. named above (See remarks below) Name and title of individual served (if not shown above) A person of suitable age and discretion then residing in defendant's usual place of abode Address (complete only different than shown above) Date Time am pm Signature of U.S. Marshal or Deputy Service Fee Total Mileage Charges Forwarding Fee including endeavors) Total Charges Advance Deposits Amount owed to U.S. Marshal* or (Amount of Refund*) REMARKS: PRINT 5 COPIES: 1. CLERK OF THE COURT 2. USMS RECORD 3. NOTICE OF SERVICE 4. BILLING STATEMENT*: To be returned to the U.S. Marshal with payment, if any amount is owed. Please remit promptly payable to U.S. Marshal. 5. ACKNOWLEDGMENT OF RECEIPT PRIOR EDITIONS MAY BE USED Form USM-285 Rev. 12/15/80 Automated 01/00 AO 399 (01/09) Waiver of the Service of Summons UNITED STATES DISTRICT COURT for the Southern District of __________ __________ District of Georgia JUAN RAMON OCHOA Plaintiff v. TRACY JOHNS, Warden Defendant ) ) ) ) ) Civil Action No. 5:17-cv-31 WAIVER OF THE SERVICE OF SUMMONS To: Juan Ramon Ochoa (Name of the plaintiff’s attorney or unrepresented plaintiff) I have received your request to waive service of a summons in this action along with a copy of the complaint, two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you. I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case. I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service. I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 60 days from , the date when this request was sent (or 90 days if it was sent outside the United States). If I fail to do so, a default judgment will be entered against me or the entity I represent. Date: Signature of the attorney or unrepresented party Printed name of party waiving service of summons Printed name Address E-mail address Telephone number Duty to Avoid Unnecessary Expenses of Serving a Summons Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. “Good cause” does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has no jurisdiction over this matter or over the defendant or the defendant’s property. If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of a summons or of service. If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.

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