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Barnhardt v. Tilton

April 22, 2009

MARCUS J. BARNHARDT, PLAINTIFF,
v.
JAMES E. TILTON, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DISCHARGING ORDERS TO SHOW CAUSE

(Docs. 25, 26)

ORDER DIRECTING UNITED STATES MARSHAL TO RE-ATTEMPT SERVICE WITHOUT PREPAYMENT OF COSTS

Plaintiff Marcus J. Barnhardt ("plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On February 4, 2009, the court directed the United States Marshal to initiate service of process on defendants K. Vilasane, Das Pac, Felix Igbignosa, Bryan Hui Phi. (Doc. 19). Defendants Igbignosa and Pac subsequently waived service, but defendants Vilasane and Hui-Phi could not be located. (Docs. 21, 22, 23, 24). On April 9, 2009, the court ordered plaintiff to show cause why these two defendants should not be dismissed from this action. (Docs. 25, 26.) Plaintiff filed a response on April 15, 2009, indicating that he had misspelled defendants' names, and providing addresses for service for both defendants based on information available on the California Medical Board website. (Doc. 27.) Accordingly, the Marshal shall re-attempt service on defendants Bryan Huy Phi*fn1 and K. Vilaysane*fn2.

Accordingly, IT IS HEREBY ORDERED that:

1. The orders to show cause filed on April 9, 2009, are discharged.

2. 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 March 11, 2008 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;

3. 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 ...


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