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Barry v. Felker

June 1, 2009

TIMOTHY DEMOND BARRY, PLAINTIFF,
v.
T. FELKER, ET AL., DEFENDANTS.



The opinion of the court was delivered by: George Foley, Jr. United States Magistrate Judge

ORDER DIRECTING SERVICE BY THE UNITED STATES MARSHAL WITHOUT PREPAYMENT OF COSTS

Plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. § 1915. The court previously ordered plaintiff to provide information for service of process on form USM-285, sufficient copies of the complaint for service, and a notice of compliance. Plaintiff has filed the required papers. Accordingly,

IT IS HEREBY ORDERED that:

1. The Clerk of the Court is directed to forward the following documents to the United States Marshal:

(a) One completed and issued summons for each defendant to be served;

(b) One completed USM-285 form for each defendant to be served;

(c) One copy of the Complaint (Dkt. #1) filed on July 25, 2008 for each defendant to be served, plus an extra copy for the Marshal;

(d) One copy of this order for each defendant to be served, plus an extra copy for the Marshal;

(e) One copy of the court's Order Re Consent or Request for Reassignment for each defendant to be served.

2. Within ten (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 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):

(a) T. Felker, Warden of High Desert State Prison;

(b) J. Bishop, Lieutenant at High Desert State Prison; and

(c) N. Albonico, Sergeant at High Desert State Prison

3. The United States Marshal is directed to retain the summons and a copy of the complaint in ...


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