Opinion
Civil Action No. 08-cv-02188-LTB-CBS.
July 20, 2009
ORDER GRANTING SERVICE BY UNITED STATES MARSHAL
This civil action is before the court for service of the Second Amended Prisoner Complaint (doc. # 12) and summons upon Defendant Fred Busch, pursuant to the court's Order on "Defendant Capitol Police's Motion for Order for Service of Process on Defendant Fred Busch." ( See doc. # 53). Pursuant to the Order of Reference dated November 12, 2008 (doc. # 9), this case was referred to the Magistrate Judge to, inter alia, "[h]ear and determine pretrial matters. . . ." On October 9, 2008, the court granted Plaintiff Mr. Cohen leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (See doc. # 2). It is now
ORDERED that as appropriate, the Clerk of the Court shall attempt to obtain a waiver of service from Defendant Fred Busch at the address provided to the court by Defendants: United States Postal Inspection Service, Boston Division, 495 Summer Street, Suite 600, Boston MA. 02210-2114. ( See doc. # 51 at ¶ 4). If the Clerk is unable to do so, the United States Marshal shall serve a copy of the Second Amended Prisoner Complaint (doc. # 12) and summons upon Defendant Fred Busch. 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, Defendant Busch shall respond to the Second Amended Prisoner Complaint (doc. # 12) as provided for in the Federal Rules of Civil Procedure.