COLLINS v. KENNEBEC COUNTY JAIL et al

Filing 40

PROCEDURAL ORDER dismissing 32 Order to Show Cause and Ordering Service by the U.S. Marshal. By JUDGE GEORGE Z. SINGAL. (lrc)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
KEVIN J. COLLINS,
Plaintiff,
v.
KENNEBEC COUNTY JAIL et al.,
Defendants.

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) Docket no. 1:12-cv-69-GZS
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PROCEDURAL ORDER
On May 23, 2012, the Court issued an Order to Show Cause as to why Plaintiff had not
completed service on Defendant Aramark, Inc. (ECF No. 32). Plaintiff filed a timely response
attaching proof of his attempt to complete service via certified mail on November 22, 2011 when
this matter was still pending in state court. Having reviewed the entire docket, the Court notes
that on January 6, 2010, the state court had ordered Plaintiff to attempt service by mail and had
ordered further that service costs would be otherwise waived for Plaintiff. (ECF No. 2-6).
Following removal of this case, this Court similarly has granted Plaintiff in forma pauperis status
(ECF No. 35). In light of these orders and Plaintiff’s attempted mail service, the Court now
DISMISSES the Order to Show Cause and ORDERS that the Clerk prepare the necessary
documents for service by the U.S. Marshal on Defendant Aramark, Inc. The U.S. Marshal may
attempt service by waiver in the first instance. If no waiver is timely returned, the Clerk is
directed to prepare a summons for service in hand by the U.S. Marshal.
SO ORDERED.
/s/ George Z. Singal
United States District Judge
Dated this 12th day of June, 2012.