The opinion of the court was delivered by: Raymond C. Fisher United States Circuit Judge Sitting by Designation
Plaintiff Mark J. Vandenburgh is a state prisoner proceeding pro se in this civil rights action under 42 U.S.C. § 1983. Plaintiff also proceeds in forma pauperisunder 28 U.S.C. § 1915.
This Court screened plaintiff's complaint pursuant to 28 U.S.C. § 1915A(a) and found that plaintiff presented colorable claims as to defendants Lieutenant Marsh and Lieutenant M. Mashburn. Docket no. 10.
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. Docket no. 10. On April 15, 2009, plaintiff filed the required documents. Docket No. 11.
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 October 30, 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.
2. Within 10 days from the date of this order, the United States Marshal is directed to notify the following defendants of the commencement of this action, without pre-payment of costs, 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 Lieutenant Marsh and Lieutenant M. Mashburn.
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 ...