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Fisher v. Felker

January 28, 2010

AL GENE FISHER, PLAINTIFF,
v.
T. FELKER, ET AL., DEFENDANTS.



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

ORDER

This matter is before the Court on Plaintiff's request for status of service (Dkt. #33), filed December 28, 2009.

Plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. § 1915. By order filed March 31, 2009, the Court determined that Plaintiff's First Amended Complaint states a cognizable 42 U.S.C. § 1983 claim for relief against Defendants Shelton, Robertson, Savage, Plainer and Hanks. On June 25, 2009, the Court ordered Plaintiff to provide information for service of process on form USM-285, a completed summons, 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 instructions for service of process, the completed summons, copies of the 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 the following Defendants of the commencement of this action and to request a waiver of service of summons in accordance with the provisions of Fed. R. Civ. P. 4(d) and 28 U.S.C. § 566(c): . . .

a. Correctional Officer F. Shelton at High Desert State Prison

b. Correctional Officer G. Robertson at High Desert State Prison

c. Correctional Officer Terry Savage at High Desert State Prison

d. Correctional Officer R. Plainer at High Desert State Prison

e. Correctional Sergeant W. Hanks at High Desert State Prison

3. The United States Marshal is directed to retain the sealed summons and a copy of the complaint in their file 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 undelivered as soon as they are received.

5. If a waiver of service of summons is not returned by a defendant within sixty (60) days from the date of mailing the request for ...


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