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Michael J. Piazza v. D. R. Brackett

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 5, 2012

MICHAEL J. PIAZZA,
PLAINTIFF,
v.
D. R. BRACKETT, DEREK PERRY,
DEFENDANTS.

The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge

ORDER FINDING SERVICE OF COMPLAINT APPROPRIATE, AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN WITHIN THIRTY DAYS

I. USM-285 Forms

Because Plaintiff is proceeding in forma pauperis, service of Plaintiff's Complaint will be affected by way of the United States Marshal. See Fed. R. Civ. P. 4(c)(3).

In accordance with the above, this Court has determined as follows:

1. Service is appropriate for Defendants D.R. Brackett and Derek Perry;

2. The Clerk of the Court shall send Plaintiff two (2) USM-285 forms, and two (2) summonses, an instruction sheet, a copy of the Complaint filed on September 8, 2011, and a copy of this Order;

3. Within THIRTY (30) DAYS from the date of this Order, Plaintiff shall complete the Notice of Submission of Documents and return the completed Notice to the Court with the following documents:

a. One completed summons for each defendant listed above;

b. One completed USM-285 form for each defendant listed above;

c. Two (2) copies of the endorsed Complaint filed September 8, 2011; and

d. A copy of the instant Order dated June 5, 2012;

4. Plaintiff need not attempt service on Defendants and need not request waiver of service. Upon receipt of the above-described documents, the Court will direct the United States Marshal to serve the above-named Defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs;

5. The failure to comply with this Order will result in a Recommendation that this action be dismissed.

20120605

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