Thomas v. State of Nebraska et al

Filing 5

ORDER granting 4 Motion to Amend and request for service of summons by Marshal. Amended Complaint due by 2/7/2013. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LATANYA THOMAS, Personal
Representative of the Estate of Tyler
Thomas;

8:12CV412

Plaintiff,
MEMORANDUM AND ORDER
vs.
STATE OF NEBRASKA, et. al,
Defendants.

IT IS ORDERED:
1.
Plaintiff's motion for leave to file an amended complaint, (filing no. 4) is
granted. The plaintiff’s amended complaint, a copy of which is attached to her motion,
shall be filed on or before February 7, 2013.
2.
Having previously granted the plaintiff’s motion to proceed in forma
pauperis, (Filing No. 3), the court also hereby grants the plaintiff’s request for service by
the United States Marshal. (Filing No. 4-2). Plaintiff’s counsel shall complete the USM285 forms and the summons forms and return them to the Clerk of the court. The Clerk
of the court will sign the summons forms, to be forwarded with a copy of Plaintiff’s
Amended Complaint to the U.S. Marshal for service of process. The Clerk of the court
will copy the Amended Complaint; Plaintiff’s counsel need not to do so. The Marshal
shall serve the summons and the Amended Complaint without payment of costs or fees.
3.
This order is entered without prejudice to the court later entering an order
taxing costs in this case. No one, including any plaintiff, is relieved by this order from
the obligation to pay or to reimburse taxable costs after this action is over.
January 31, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge