The opinion of the court was delivered by: Helen Gillmor United States District Judge
ORDER DIRECTING SERVICE BY THE UNITED STATES MARSHAL WITHOUT PREPAYMENT OF COSTS
Plaintiff Cion Peralta proceeds pro se and in forma pauperis, pursuant to 28 U.S.C. § 1915. By order filed March 16, 2009, the Court determined that Plaintiff's Second Amended Complaint states a cognizable freedom of religion claim against Defendants M. Martel, D. Long, L. Olivas, and R. Williams, and ordered Plaintiff to provide information for service of process on form USM-285, a completed summons, sufficient copies of the Second Amended Complaint for service, and a notice of compliance. (Doc. 14.) Plaintiff has filed the required papers. (Doc. 19.)
This Order responds to Plaintiff's request for status, filed October 28, 2009. (Doc. 22.)
1. The Clerk of the Court is directed to forward the instructions for service of process, the completed summons, copies of the Second Amended Complaint, and copies of this order to the United States Marshal.
2. Within ten days from the date of this order, the United States Marshal is directed to notify Defendants M. Martel, D. Long, L. Olivas, and R. Williams of the commencement of this action and to request a waiver of service of summons in accordance with the provisions of Federal Rule of Civil Procedure 4(d) and 28 U.S.C. § 566(c).
3. The United States Marshal is directed to retain the sealed summons and a copy of the Second Amended Complaint on file.
4. The United States Marshal shall file returned waivers of service of summons as well as any requests for waivers that are returned as undelivered when they are received.
5. If a waiver of service of summons is not returned by a Defendant within sixty days from the date of mailing the request for waiver, the United States Marshal shall:
a. Personally serve process and a copy of this order on the Defendant pursuant to Federal Rule of Civil Procedure 4 and 28 U.S.C. § 566(c) and shall command all necessary assistance from the California Department of Corrections and Rehabilitation ("CDC") to execute this order. The United States Marshal shall maintain the confidentiality of all information provided by the CDC pursuant to this order.
b. Within ten days after personal service is effected, the United States Marshal shall file the return of service for the Defendant, along with evidence of any attempts to secure a waiver of service of summons and of the costs subsequently incurred in effecting service on said Defendant. Said costs shall be enumerated on the USM-285 form and shall include the costs incurred by the Marshal's office for photocopying additional copies of the summons and complaint and for preparing new USM-285 forms, if required. Costs of service will be taxed against the personally served Defendant in accordance with the provisions of Federal Rule of Civil Procedure 4(d)(2).
6. Defendants shall reply to the complaint within the time provided by the applicable provisions of Federal Rule of Civil Procedure 12(a).
7. Unless otherwise ordered, all motions to dismiss, motions for summary judgment, motions concerning discovery, motions pursuant to Rules 7, 11, 12, 15, 41, 55, 56, 59 and 60 of the Federal Rules of Civil Procedure, and motions pursuant to Local Rule 11-110 shall be briefed pursuant to Local Rule 78-230(m). Failure to oppose such a motion timely may be deemed a waiver of opposition to the motion. Opposition to all other motions need be filed as directed by the Court.
8. If Plaintiff is released from incarceration at any time during the pendency of this case, any party may request application of other provisions of Local Rule 78-230 in place of Local Rule 78-230(m). In the absence of a court order granting such a request, the provisions of Local Rule 78-230(m) will govern all motions described in ...