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Freberg v. State

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 27, 2010

TWILAH YVONNE FREBERG, PLAINTIFF,
v.
STATE OF CALIFORNIA, DEFENDANT.

The opinion of the court was delivered by: Hon. Dana M. Sabraw United States District Judge

ORDER RE: SUMMONS AND SERVICE OF PROCESS

Plaintiff Twilah Yvonne Freberg, proceeding pro se, filed this case against the State of California on February 6, 2009. Because Plaintiff paid the filing fee, the Court did not screen Plaintiff's Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B). Nevertheless, after reviewing the twenty-two page Complaint and the voluminous exhibits attached thereto, and Plaintiff's Motion to Proceed filed on March 4, 2009, it appears Plaintiff has failed to submit a summons to the Clerk of Court, as required by Federal Rule of Civil Procedure 4. If Plaintiff wishes to proceed with this case, she must prepare and submit a summons to the Clerk of Court, and thereafter serve the summons along with a copy of the Complaint on Defendant as provided in Federal Rule of Civil Procedure 4. The Court notes that Plaintiff delivered a copy of certain documents to the Attorney General's office in Sacramento, but those documents did not include a court-issued summons, and thus would not have triggered Defendant to respond to the Complaint. Plaintiff shall submit her summons to the Clerk of Court on or before February 5, 2010.

IT IS SO ORDERED.

20100127

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