Luna v. Campbell et al

Filing 25

Judge Indira Talwani: ORDER entered. In order to avoid further delay in this case, the Court will grant Lunas request for assistance. It is hereby ORDERED that the Clerk shall reissue summons and the Clerk shall forward the summons, complaint and t he requisite service forms to the United States Marshals Service so that service may be accomplished. The time limit for service of the summons and complaint shall be enlarged to a date 90 days after the date of this Order. The court does not anticipate granting any further extensions of time to complete service. Clerk mailed copy of this order to plaintiff at address listed on docket sheet.(PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

PASCUAL LUNA,
Plaintiff,
v.
MATTHEW CAMPBELL, ET AL.,
Defendants.
Defendants.

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ORDER

Civil Action No.
15-11477-IT

TALWANI, D.J.
Plaintiff Pascual Luna (“Luna”) initiated this civil action last year while in custody at
USP McCreary in Kentucky. At that time, Luna’s Application to Proceed in District Court
Without Prepayment of Fees was granted and the clerk was directed to issue summons for
service of the six defendants. See Docket No. 6.

Assessment of the filing fee was deferred

until Luna provided a copy of the required prison account statement. Id.
Several months later, Luna filed a notice of change of address that he was transferred to
FCI Berlin in New Hampshire. See Docket No. 9. Because it was unclear whether Luna
received the summons package, he was directed to promptly advise the Court whether he did so.
See Docket No. 18. The Court allowed Luna’s subsequent request for extension of time for
service and the clerk reissued summons. See Docket Nos. 20-22.
Now before the Court is Luna’s second request for the clerk to reissue summons. See
Docket No. 24. Luna seeks the Court’s assistance and requests the clerk to deliver the summons

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“free of cost.” Id.
In order to avoid further delay in this case, the Court will grant Luna’s request.
Accordingly, it is hereby ORDERED that the Clerk shall reissue summons and the Clerk shall
forward the summons, complaint and the requisite service forms to the United States Marshals
Service so that service may be accomplished. The time limit for service of the summons and
complaint shall be enlarged to a date 90 days after the date of this Order. The court does not
anticipate granting any further extensions of time to complete service.

So ordered.
/s/ Indira Talwani
United States District Judge
Dated: 04/26/2016

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