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Petersen v. Sims

United States District Court, E.D. California

November 21, 2019

KYLE PETERSEN, Plaintiff,
v.
ANTHONY SIMS, JR., and NICHOLAS TORRES, Defendants.

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

         Plaintiff, Kyle Petersen, is proceeding pro se and in forma pauperis in this civil rights action, pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). In an order entered on October 23, 2019, the Court found service of the Third Amended Complaint, as supplemented, to be appropriate. Accordingly, IT IS HEREBY ORDERED that:

         1. The Clerk of Court is directed to forward the following documents to the U.S. Marshal:

a) One completed and issued summons for each individual to be served;
b) One completed USM-285 form for each individual to be served;
c) One copy of the Third Amended Complaint filed on April 22, 2019 (ECF No. 9) and the supplement filed on August 29, 2019 (ECF No. 13), for each individual to be served, plus one copy for the United States Marshal; and
d) One copy of this order for each individual to be served, plus one copy for the United States Marshal.

         2. Service on the United States of America:

a. Within ten days from the date of this order, the United States Marshal is directed to serve the United States of America by serving a copy of the summons, the Third Amended Complaint and supplement (ECF Nos. 9, 13), and a copy of this order, in accordance with the provisions of Fed.R.Civ.P. 4(i)[1] and 28 U.S.C. § 566(c), upon the following:
i. United States Attorney for the Eastern District of California; and
ii. Attorney General of the United States at Washington D.C.
b. Within ten days after such service is effected, the United States Marshal shall file the return of service for that service.

         3. Service on individual defendants:

a. Within ten 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) and 28 U.S.C. § 566(c):
i. Anthony Sims, Jr., Forensic Specialist with the U.S. Department of Homeland Security Investigations in May 2017 ...

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