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Stephenson v. Martel

May 12, 2010

ROBERT E. STEPHENSON, PLAINTIFF,
v.
M. MARTEL, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff has paid the filing fee. On March 2, 2010, the court ordered plaintiff to file within fourteen days either a short declaration stating his intention to serve the complaint or, in the alternative, an application to proceed in forma pauperis in which case the U.S. Marshal would serve defendants.

On March 9, 2010, plaintiff filed a pleading with the court requesting that he be allowed to pay the U.S. Marshal to serve the complaint. In the alternative, plaintiff requests that the court send him a list of process servers in the Sacramento area.

The U.S. Marshal is not authorized to act as a private process server. For that reason, plaintiff may not pay the U.S. Marshal to serve his complaint. In addition, the court does not provide the names of process servers to litigants.

Accordingly, plaintiff shall complete service of process in accordance with Federal Rule of Civil Procedure 4 within sixty days from the date of this order.*fn1 Plaintiff shall serve a copy of this order on each defendant together with a summons and a copy of the complaint. Within 120 days from the date of this order, plaintiff and defendants shall each submit to the court and serve by mail on all other parties the following status report:

1. Whether this matter is ready for trial and, if not, why not;

2. Whether additional discovery is deemed necessary. If further discovery is deemed necessary, the party desiring it shall state the nature and scope of the discovery and provide an estimate of the time needed in which to complete it;

3. Whether a pretrial motion is contemplated. If any such motion is contemplated, the party intending to file it shall describe the type of motion and shall state the time needed to file the motion and to complete the time schedule set forth in Local Rule 230(l);

4. A narrative statement of the facts that will be offered by oral or documentary evidence at trial;

5. A list of all exhibits to be offered into evidence at the trial of the case;

6. A list of the names and addresses of all witnesses the party intends to call;

7. A summary of the anticipated testimony of any witnesses who are presently incarcerated;

8. The time estimated for trial;

9. Whether either party still requests trial ...


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