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Baker v. Yates

United States District Court, E.D. California

February 6, 2014

HARVEY CURTIS BAKER, Plaintiff,
v.
JAMES A. YATES, Defendants.

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

STANLEY A. BOONE, Magistrate Judge.

Plaintiff Harvey Curtis Baker ("Plaintiff") is proceeding pro se in this action against Defendant S. Moore ("Defendant"). On January 31, 2014, Plaintiff submitted documents to facilitate service of the complaint by the United States Marshal Service. (ECF No. 70.) Accordingly, the Court will direct the U.S. Marshal to serve Defendant with a summons and a copy of Plaintiff's complaint.

It is HEREBY ORDERED that:

1. The Clerk of the Court is directed to forward the following documents to the United States Marshal:
(1) One completed and issued summons;
(2) One completed USM-285 form;
(3) One copy of the First Amended Complaint filed on December 26, 2013;
(4) One copy of this order, plus an extra copy for the Marshal; (5) One copy of the court's consent form.
2. Within ten days from the date of this order, the United States Marshal is directed to notify the following defendant 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) and 28 U.S.C. ยง 566(c):
S. MOORE
3. The United States Marshal is directed to retain the summons and a copy of the compalint in their 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 defendant within sixty days of the date of mailing the request for waiver, the United States Marshal shall:
a. Personally serve process and a copy of this order upon the defendant pursuant to Rule 4 of the Federal Rules of Civil ...

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