Scott v. Pfizer Pharmaceutical

Filing 19

ORDER that the Clerk issue and the US Marshal serve process on defendant. Signed by Magistrate Judge Judith K. Guthrie on 01/04/12. cc:pltf 1-05-12(mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION HARRIL GLEN SCOTT § Vs. § PFIZER PHARMACEUTICAL § CIVIL ACTION NO. 6:11CV276 ORDER Plaintiff filed the above-styled lawsuit on May 31, 2011. The matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1). Having reviewed the Amended Complaint filed on January 3, 2012, it is hereby ORDERED that the Clerk shall issue summons. The Court, having determined that appointment of the United States Marshal to serve process is necessary and appropriate in this case because Plaintiff is proceeding in forma pauperis, service shall be perfected by the United States Marshal without cost to Plaintiff. Fed.R.Civ.P. 4(c)(3). The United States Marshal shall first attempt service via certified mail restricted to addressee only in accordance with Fed.R.Civ.P. 4 and Local Rule CV-4(c). If the first attempt is unsuccessful because the certified mail is returned “unclaimed,” the United States Marshal shall again attempt service via certified mail restricted to addressee only. After two unsuccessful attempts at service via certified mail because the certified mail is returned “unclaimed,” the United States Marshal shall serve process via personal service. 1 Defendant shall answer or otherwise plead to Plaintiff’s lawsuit in accordance with Fed.R.Civ.P. 12(a). So ORDERED and SIGNED this 4 day of January, 2012. ____________________________ JUDITH K. GUTHRIE UNITED STATES MAGISTRATE JUDGE 2

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