The opinion of the court was delivered by: Arthur L. Alarcón United States Circuit Judge
Plaintiff Jarmaal Smith is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff also proceeds in forma pauperis pursuant to 28 U.S.C. § 1915.
Pursuant to 28 U.S.C. § 1915A(a), this Court dismissed Defendants Crones and Felker from the instant lawsuit, but found that Plaintiff presented colorable claims as to Defendants Norton and Simmerson. (Doc. 7). This Court also provided Plaintiff the opportunity to file an Amended Complaint within 35 days of its February 12, 2008 order. Id. Plaintiff did not file an Amended Complaint.
Plaintiff was ordered to complete and file: Notice of Submission of Documents; a completed summons; a completed USM-285 form for each Defendant named above; and three (3) copies of the endorsed Complaint by the Clerk of the Court. (Doc. 9). On October 14, 2008, Plaintiff filed the required documents. (Doc. 14).
Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk of the Court is directed to forward the following documents to the United States Marshal:
(1) One completed and issued summons for each defendant to be served;
(2) One completed USM-285 form for each defendant to be served;
(3) One copy of the complaint filed on May 23, 2007 for each defendant to be served, plus an extra copy for the Marshal;
(4) One copy of this order for each defendant to be served, plus an extra copy for the Marshal; and,
(5) One copy of the court's consent form for each defendant to be served.
2. Within ten days from the date of this order, the United States Marshal is directed to notify the following defendants of the commencement of this action and to request a waiver of service in accordance with the provisions of Fed. R. Civ. P. 4(d) and 28 U.S.C. § 566(c): Defendants Edward Simmerson and Scott Norton pursuant to Rule 4 of the Federal Rules of Civil Procedure, without pre-payment of costs.
3. The U.S. Marshal is directed to retain the summons and a copy of the complaint in their file for future use.
4. The United States Marshal shall file returned waivers of service as well as any requests for waivers of service that are returned as ...