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Carter v. Cannedy

January 11, 2010

RAASHAD CARTER, PLAINTIFF,
v.
L. CANNEDY, ET AL., DEFENDANTS.



The opinion of the court was delivered by: J. Clifford Wallace United States Circuit Judge

ORDER

Carter, a state prisoner proceeding pro se and in forma pauperis pursuant to 28 U.S.C. § 1915, has filed a civil rights action pursuant to 42 U.S.C. § 1983.

By order filed November 30, 2009, I held that Carter's Amended Complaint states a cognizable claim for relief against defendants L. Cannedy, L. Cano, S. Rivas, D. Lieber, R. Mandeville, M. Reyes, R. Davis and C. Nicholls, and ordered Carter to provide information for service of process on form USM-285, a completed summons, sufficient copies of the Amended Complaint filed October 21, 2009, and a completed Notice of Submission of Documents. Carter has filed the required papers. Accordingly, it is HEREBY ORDERED that:

1. The Clerk of the Court is directed to forward the instructions for service of process, the completed summons, copies of the complaint, and copies of this order to the United States Marshal.

2. Within fourteen days from the date of this order, the United States Marshal is directed to notify defendants L. Cannedy, L. Cano, S. Rivas, D. Lieber, R. Mandeville, M. Reyes,

R. Davis and C. Nicholls 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 complaint for future use.

4. The United States Marshal shall file returned waivers of service of summons as well as any requests for waivers that are returned as undeliverable as soon as they are received.

5. If a waiver of service of summons is not returned by a defendant within fifty-six 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 upon 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 seven 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(l). Failure to oppose such a motion timely will be deemed a waiver of opposition to the motion. Opposition to all other motions need be filed only as directed by the court.

8. If plaintiff is released from prison at any time during the pendency of this case, any party may request application of other provisions of Local Rule 78-230 in lieu of Local Rule 78-230(l). In the absence of a court order granting such a request, the provisions of Local Rule 78-230(l) will govern all motions described in ...


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