Opinion
Civil Action No. 07-cv-02515-ZLW-CBS.
March 20, 2008
ORDER GRANTING SERVICE OF AMENDED PRISONER COMPLAINT BY UNITED STATES MARSHAL
This civil action is before the court for service of the Amended Prisoner Complaint (doc. # 24) on Defendants Vince Potter and James McKinzie. Pursuant to the Order of Reference dated February 27, 2008 (doc. # 22), this case was referred to the Magistrate Judge to, inter alia, "[h]ear and determine pretrial matters. . . ." On December 3, 2007, the court granted Mr. Archuleta leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. ( See doc. # 2). On March 5, 2008, the court granted Mr. Archuleta leave to amend his complaint and accepted for filing his Amended Prisoner Complaint (doc. # 24). It is now
ORDERED that, if appropriate, the Clerk of the Court shall attempt to obtain a waiver of service from the Defendants Vince Potter and James McKinzie, who were added to the Amended Prisoner Complaint (doc. # 24) that was accepted for filing on February 29, 2008. If the Clerk is unable to do so, the United States Marshal shall serve a copy of the Amended Prisoner Complaint (doc. # 24) and summons upon the Defendants Vince Potter and James McKinzie. If appropriate, the Marshal shall first attempt to obtain a waiver of service of these documents pursuant to Fed.R.Civ.P. 4(d). All costs of service shall be advanced by the United States. It is
FURTHER ORDERED that after service of process on him, Defendants Vince Potter and James McKinzie shall respond to the Amended Prisoner Complaint (doc. # 24) as provided for in the Federal Rules of Civil Procedure.