Cottle et al v. Gillispie et al

Filing 44

ORDER that plaintiffs motion to proceed in forma pauperis on appeal 25 is DENIED as moot. Plaintiffs motion to stay 37 is hereby DENIED as moot. Plaintiffs motion identifying unserved defendants 38 is hereby GRANTED. The clerk shall issue summ ons to the named defendants in document number 38 and deliver the same with copies of the amended complaint and the December 30, 2010,order 21 to the U.S. Marshal for service. Plaintiff shall have twenty (20) days in which to furnish to the U.S. Ma rshal the required Forms USM-285. Within twenty (20) days after receiving from the U.S. Marshal a copy of the Form USM-285 showing whether service has been accomplished, plaintiff must file a notice with the court identifying which defendants were se rved and which were not served, if any. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, service must be accomplished within one-hundred twenty (120) days from the date that the amended complaint was filed. Signed by Judge James C. Mahan on 2/15/11. (Copies have been distributed pursuant to the NEF - ECS, USM 285 forms to plaintiff, summons & amended complaint to USM)