The opinion of the court was delivered by: Arthur Alarcón United States Circuit Judge Sitting by Designation
Plaintiff Jarmaal Smith ("Plaintiff") is a state prisoner who proceeds pro se in this civil rights actions pursuant to 42 U.S.C. § 1983. He also proceeds in forma pauperis pursuant to 28 U.S.C. § 1915.
On October 14, 2008, Plaintiff filed the requisite service documents with this Court.
(Doc. 16). On October 28, 2008, this Court ordered the United States Marshal to notify Defendants Scott Norton and Edward Simmerson ("Defendants") of this action. (Doc. 16).
Specifically, the Court ordered, in relevant part, as follows:
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 ...