Opinion
Civil Action No. 09-cv-02207-CMA-KLM.
February 22, 2010
ORDER GRANTING SERVICE BY UNITED STATES MARSHAL
Plaintiff has filed a Third Amended Complaint in this matter [Docket No. 29]. In his Third Amended Complaint, Plaintiff added five Defendants: Captain Huertas, Lieutenant Van Velder, Sergeant Pool, C/O Giordano, and C/O Kaiser. The Court has granted Plaintiff leave to proceed in forma pauperis. The Court previously ordered service of the Third Amended Complaint [Docket No. 33], and waiver of service was returned executed as to all of five added Defendants [Docket No. 35]. It has come to the Court's attention, however, that the version of the Third Amended Complaint served on the new Defendants was incomplete because of a docketing error. The Third Amended Complaint as docketed is now complete, and the Court will again direct that it be served on the five added Defendants. Accordingly,
IT IS ORDERED that, if appropriate, the Clerk shall attempt to obtain a waiver of service from the five added Defendants. If unable to do so, the United States Marshal shall serve a copy of the Third Amended Complaint, summons, Order granting leave to proceed pursuant to 28 U.S.C. § 1915, and all other orders upon the Defendants. 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 Defendants or counsel for Defendants shall respond to the Third Amended Complaint as provided for in the Federal Rules of Civil Procedure after service of process on Defendants. The time for their response shall be calculated from the date on which they are served or waive service as to the complete Third Amended Complaint.