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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
...