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Brown v. Hubbard

February 27, 2009

RONNIE BROWN, PLAINTIFF,
v.
SUZANNE HUBBARD, SECRETARY, CALIFORNIA DEPARTMENT OF CORRECTIONS, ET. AL., DEFENDANTS.



The opinion of the court was delivered by: Edward F. Shea United States District Judge

ORDER DIRECTING U.S. MARSHAL TO SERVE COMPLAINT AND PROVIDING PLAINTIFF WITH ADVISEMENTS

Before the Court is pro se state prisoner Plaintiff Ronnie Brown's Complaint, alleging various constitutional violations under 42 U.S.C. § 1983. (Ct. Rec. 1.) The Court previously determined that Plaintiff's Complaint states plausible 42 U.S.C. § 1983 claims based on a Fourteenth Amendment procedural due process violation and ordered Plaintiff to prepare and return the necessary service documents within forty-five (45) days. (Ct. Rec. 14.) Plaintiff has done so. (Ct. Rec. 15.)

Accordingly, IT IS HEREBY ORDERED: 1. The Clerk of Court shall forward the following documents to the U.S. Marshals Service for each Defendant:

a. One completed and issued summons;

b. One completed USM-285 form;

c. One copy of the complaint;

d. One copy of this Order;

e. Two copies of a Waiver of Service;

f. One notice of lawsuit consistent with Federal Rule of Civil Procedure 4(d)(1); and

g. One request for waiver of service consistent with Federal Rule of Civil Procedure 4(d)(1).

2. The Clerk of Court shall also immediately forward the following additional documents to the U.S. Marshals Service: a. an extra copy of the complaint; and b. an extra copy of this Order.

3. The U.S. Marshals Service shall serve each Defendant in compliance with Federal Rule of Civil Procedure 4. a. First, in order to effectuate service, the United States Marshal, in compliance with Rule 4(d), shall send the following documents, by first class mail: the summons, the complaint, this Order, a request for waiver of service of summons, two copies of the Waiver of Service, and a return envelope, postage prepaid, addressed to the sender. The costs of mailing shall be advanced by the United States. b. Next, if a Defendant does not return the Waiver of Service within the appropriate time period, the U.S. Marshals Service shall personally serve that Defendant, in compliance with Rule 4(e)-(i). The U.S. Marshals Service shall make the necessary attempts to effectuate such personal service until service is effected or, if necessary, obtain direction from the Court or the Legal Affairs Division (Litigation Office Special Investigator) of the California Department of Corrections and Rehabilitation (CDCR). The U.S. Marshals Service shall also command all necessary assistance from the California Department of Corrections and Rehabilitation (CDCR) to execute this Order.

4. The U.S. Marshals Service shall file upon receipt the returned waivers of service, the requests for waiver of service that are returned as undelivered, and returns of service. In addition, if necessary, the U.S. Marshals Service shall complete and file the USM-285 form. Costs of service will then be taxed against the personally-served Defendant in accordance with Federal Rule of Civil Procedure 4(d)(2).

5. Defendants shall file an answer or otherwise respond to Plaintiff's complaint within sixty (60) days after mailing (if formal service is waived), forty-five (45) days if service is not waived. Failure to ...


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