Opinion
Civil Action No. 09-cv-02662-CMA-MJW.
December 8, 2010
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 and previously granted service by the United States Marshal. (Docket No. 44). On May 27, 2010, a Process Receipt and Return was filed concerning attempted service upon defendant B. Greenwood. (Docket No. 63). That document indicates that personal service could not be effected upon defendant Greenwood because the U.S. Marshal was unable to locate defendant Greenwood. (Docket No. 63). The document further indicates that the defendant is "[n]ow working at FCC Coleman." (Docket No. 63). It thus hereby
ORDERED that, if appropriate, the Clerk shall attempt to obtain a waiver of service from defendant B. Greenwood. 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 defendant B. Greenwood at FCC Coleman. 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 B. Greenwood or his counsel shall respond to the complaint as provided for in the Federal Rules of Civil Procedure after service of process on the defendant.
Dated: December 7, 2010
Exhibit