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David S. Mowatt v. Mike Mcdonald

June 25, 2012

DAVID S. MOWATT, PLAINTIFF,
v.
MIKE MCDONALD, ET AL., DEFENDANTS.



ORDER

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. On May 7, 2012, the court found that for the limited purposes of 28 U.S.C. § 1915A screening, plaintiff's amended complaint states a cognizable due process claim against defendants Harrison and St. Andre. The court informed plaintiff that if he wishes to have the United States Marshal serve the amended complaint on defendants Harrison and St. Andre, he must file a request for leave to proceed in forma pauperis, and that if he did not file such a request, he would be directed to proceed with service without the assistance of the United States Marshal. See Dckt. No. 9. In response, plaintiff informed the court that he is not eligible to proceed in forma pauperis but would like for the United States Marshal to serve defendants. Dckt. Nos. 10, 11, 12. As plaintiff is not proceeding in forma pauperis, it is his responsibility to arrange for service of process on defendants.

Accordingly, IT IS HEREBY ORDERED that:

1. The Clerk of the Court shall terminate docket number 10, 11, and 12.

2. The Clerk of the Court shall send to plaintiff a completed summons, a copy of the endorsed complaint, the Notice of Availability of a Magistrate Judge to Exercise Jurisdiction, a form for Consent/Decline to Proceed Before a United States Magistrate Judge, a copy of the Local Rules of Court, and a copy of this order.

3. Service of process shall be completed within one hundred twenty (120) days. Plaintiff is cautioned that this action or any unserved defendant may be dismissed if service of process is not accomplished within one hundred twenty (120) days. See Fed. R. Civ. P. 4(m).

4. Plaintiff shall serve a copy of this order concurrently with service of process and file with the Clerk a certificate of such service.

5. On or before October 25, 2012, the parties shall file status reports*fn1 briefly describing the case and addressing the following:

a. Progress in service of process;

b. Possible joinder of additional parties;

c. Expected or desired amendment of pleadings;

d. Jurisdiction and venue;

e. Anticipated motions and their scheduling;

f. Cut-off dates for discovery (including dates for the disclosure of expert witnesses) and law and motion, and dates for ...


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