Opinion
Civil Action No. 07-cv-00040-EWN-BNB.
January 19, 2007
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 . It now is
ORDERED that, if appropriate, the Clerk shall attempt to obtain a waiver of service from the defendant. 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 the defendant 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. PROCESS RECEIPT AND RETURN See Instructions for "Service of Process by the U.S. Marshal" on the reverse of this form. SERVE AT (Street or RFD, Apartment No., City State and Zip Code) (Include Business and Alternate Addresses All Telephone Numbers, and Estimated Times Available For Service): Personal Service SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW THIS LINE (Sign only first USM 285 if more than one USM 285 is submitted) (if not shown above) (complete only if different than shown above) PRIOR EDITIONS 1. CLERK OF THE COURT FORM USM-285 (Rev. 12/15/80) MAY BE USED
U.S. Department of Justice United States Marshals Service PLAINTIFF COURT CASE NUMBER Mark Duhall 07-cv-00040-EWN-BNB DEFENDANT TYPE OF PROCESS Lennar Family of Builders s.c NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN Lennar Family of Builders, Office of Customer Care ADDRESS 10707 Clay Road, Houston, TX 77041 SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW: Number of process to be served with this Form — 285 1 Mark Duhall P.O. Box 60597 Number of parties to be Colorado Springs, CO 80960 served in this case 1 Check for service on U.S.A. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE , Signature of Attorney or other Originator requesting service on behalf _____ PLAINTIFF TELEPHONE NUMBER DATE of: Deputy Clerk _____ DEFENDANT 303-844-3433 01/22/07 I acknowledge receipt for the Total District of District to Signature of Authorized USMS Deputy or Clerk Date total number of process indicated. Process Origin Serve No. No. I hereby certify and return that I _____ have personally served, _____ have legal evidence of service, _____ have executed as shown in "Remarks", the process described on the individual, company, corporation, etc., at the address shown above or on the individual, company, etc., shown at the address indicated below. _____ I hereby certify and return that I am unable to locate the individual, company, corporation, etc., named above (See remarks below) Name and title of individual served _____ A person of suitable age and discretion then residing in the defendant's usual place of adobe. Address Date of Service Time am Signature of U.S. Marshal or Deputy pm Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Amount of Refund (including endeavors) Marshal or REMARKS: