Domai v. Ahleen et al

Filing 7

MEMORANDUM DECISION AND ORDER: Plaintiff is to file a Notice by 6/27/16 containing the Defendants' addresses, along with the addresses of the Defendants registered agent or other person authorized to accept service of process. After plaintiff supplies the necessary information, summons will be prepared for USMS service. Signed by Magistrate Judge Evelyn J. Furse on 6/13/16 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

GUY M. DOMAI,
MEMORANDUM DECISION AND
ORDER ON SERVICE OF PROCESS

Plaintiff,
v.

Case No. 2:15-cv-00564-DN-EJF

DAN AHLEEN, FNU FISHER, and
GATEWAY,

District Judge David Nuffer

Defendants.

Magistrate Judge Evelyn J. Furse

On August 13, 2015, the Court granted Plaintiff Guy M. Domai leave to proceed in forma
pauperis under 28 U.S.C. § 1915. (ECF No. 2.) Subsequently, District Judge David Nuffer
referred this case to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B).
(ECF No. 4.)
Rule 4 requires a court to serve process for plaintiffs it has authorized to proceed in forma
pauperis under 28 U.S.C. § 1915. Fed. R. Civ. P. 4(c)(3) (“At the plaintiff’s request, the court
may order that service be made by a United States marshal or deputy marshal or by a person
specially appointed by the court. The court must so order if the plaintiff is authorized to proceed
in forma pauperis under 28 U.S.C. § 1915 . . . .”) (emphasis added); see Olsen v. Mapes, 333 F.3d
1199, 1204 (10th Cir. 2003) (“When a plaintiff is granted in forma pauperis status, the district
court is required to serve process for the plaintiff.”).
The Complaint does not provide an address for any of the Defendants. Therefore, the
Court first ORDERS Mr. Domai to file a Notice by Monday, June 27, 2016 containing the
Defendants’ addresses, along with the addresses of the Defendants’ registered agent or
other person authorized to accept service of process.

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After Mr. Domai supplies the necessary information regarding where to serve the
Defendants, the Court DIRECTS the Clerk of Court to prepare a summons for the Defendants in
this case. The United States Marshals Service shall serve a completed summons, a copy of the
Complaint, and a copy of this Order upon the Defendants.
DATED this 13th day of June, 2016.
BY THE COURT:

______________________________
EVELYN J. FURSE
United States Magistrate Judge

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