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David Navarro v. K. Xiong

February 23, 2012

DAVID NAVARRO,
PLAINTIFF,
v.
K. XIONG, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DIRECTING SERVICE BY THE UNITED STATES MARSHAL WITHOUT PREPAYMENT OF COSTS

On January 26, 2012, the Court found service of the First Amended Complaint (Doc. No. 12) appropriate as to Defendants G. Tushnet and K. Xiong ("Defendants"). Plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. § 1915. On January 26, 2012, the Court ordered Plaintiff to provide information for service of process on form USM-285, sufficient copies of the complaint for service, and a notice of compliance. Plaintiff has filed the required papers. (Doc. 17.)

Accordingly, IT IS HEREBY ORDERED that: 1. The Clerk of the Court is directed to forward the following documents to the United States Marshal:

(a) One completed and issued summons for each Defendant to be served;

(b) One completed USM-285 form for each Defendant to be served;

(c) One copy of the First Amended Complaint (Doc. No. 12) filed for each Defendant to be served, plus an extra copy for the Marshal;

(d) One copy of this order for each Defendant to be served, plus an extra copy for the Marshal;

(e) One copy of the Court's Order Re Consent or Request for Reassignment for each Defendant to be served.

2. Within ten (10) 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 in accordance with the provisions of Fed. R. Civ. P. 4(d):

G. Tushnet

K. Xiong

3. The United States Marshal is directed to retain the summons and a copy of the First Amended Complaint (Doc. No. 12) in its file for future use.

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

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


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