Summary
holding that the court lacked personal jurisdiction over defendant when the plaintiff's sole allegation was that "BOP Defendants were placed on notice of the allegedly unconstitutional conditions at ADX by his various grievances, and that their failure to remedy the situation constitutes acquiescence."
Summary of this case from Gowadia v. StearnsOpinion
Civil Action No. 07-cv-01712-MSK-MEH.
May 29, 2008
ORDER GRANTING SERVICE BY UNITED STATES MARSHAL
THIS CAUSE came before the Court on the affidavit in support of the motion for leave to proceed without prepayment of fees or security pursuant to 28 U.S.C. § 1915. The Court has granted the Plaintiff leave to proceed in forma pauperis. In addition, Defendants have provided the current address of Defendant Warden Pugh under seal [ see docket #176]. It now is
ORDERED that, if appropriate, the Clerk shall attempt to obtain a waiver of service from Defendant Warden Pugh. If unable to do so, the United States Marshal shall serve a copy of the complaint, summons, order granting leave to proceed pursuant to 28 U.S.C. § 1915, and all other orders upon the Defendant. 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 Defendant Warden Pugh or counsel for the Defendant shall respond to the complaint as provided for in the Federal Rules of Civil Procedure after service of process on the Defendant.