Robinson v. Lynch et al

Filing 5

MEMORANDUM DECISION AND ORDER ON SERVICE OF PROCESS-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. Signed by Magistrate Judge Evelyn J. Furse on 6/13/16. (jmr)

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

HAROLD V. ROBINSON,
MEMORANDUM DECISION AND
ORDER ON SERVICE OF PROCESS

Plaintiff,
v.

Case No. 2:16-cv-00150-DB-EJF

LORETTA E. LYNCH and THOMAS E.
BRANDON,

District Judge Dee Benson

Defendants.

Magistrate Judge Evelyn J. Furse

On February 26, 2016, the Court granted Plaintiff Harold V. Robinson leave to proceed in
forma pauperis under 28 U.S.C. § 1915. (ECF No. 2.) Subsequently, District Judge Dee Benson
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.”).
Therefore, 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.

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BY THE COURT:

______________________________
EVELYN J. FURSE
United States Magistrate Judge

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