MCCUSKER v. UNITED STATES OF AMERICA et al

Filing 17

Magistrate Judge Donald L. Cabell: ORDER entered granting 14 Motion to Serve; granting 15 Motion to Amend; granting 16 Motion for Service. The Clerk shall enter the amended complaint on the docket. TheClerk shall issue summonses and send the summonses, amendedcomplaint and this Order to the plaintiff, who is remindedthat he is obligated to comply with the service requirementsof Rule 4(m) of the Federal Rules of Civil Procedure. The plaintiff may elect to have service made by the UnitedStates Marshal Service.(PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

EDWARD G. MCCUSKER,
Plaintiff,
v.
UNITED STATES OF AMERICA, et
al.,
Defendants.

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No. 17-CV-11334-DLC

ORDER
SEPTEMBER 18, 2017
CABELL, U.S.M.J.
On July 19, 2017, the case was randomly assigned to this
Court pursuant to the District Court’s consent program.
Docket No. 8.

See

By Order dated August 31, 2017, the Clerk was

directed to issue summonses for service by the United States
Marshals Service on the six identified defendants.
No. 12.

See Docket

At that time, the Court did not permit the action to

proceed against the unidentified defendants and plaintiff was
advised that he could seek leave to file an amended complaint.
Now before the Court are plaintiff’s motions to amend, for
service materials and for service by the United States Marshals
Service.

See Docket Nos. 14 – 16.

Based on the foregoing, it is hereby Ordered that:
1.

Plaintiff’s motion (Docket No. 15) to amend is GRANTED;

2.

The Clerk shall enter the amended complaint on the docket;

3.

Plaintiff’s motion (Docket No. 14) for service materials
and motion (Docket No. 16) for service are GRANTED. The
Clerk shall issue summonses and send the summonses, amended
complaint and this Order to the plaintiff, who is reminded
that he is obligated to comply with the service requirements
of Rule 4(m) of the Federal Rules of Civil Procedure; and

4.

The plaintiff may elect to have service made by the United
States Marshal Service. If directed by the plaintiff to do
so, the United States Marshal shall serve the summons,
amended complaint, consent package and this Order upon the
defendants, in the manner directed by the plaintiff, with
all costs of service to be advanced by the United States.
Notwithstanding Fed. R. Civ. P. 4(m) and Local Rule 4.1,
the plaintiff shall have 90 days from the date of this
Order to complete service.

SO ORDERED.

/s/ Donald L. Cabell
DONALD L. CABELL, U.S.M.J.

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