Opinion
19-cv-02689-JSW
03-24-2022
C. DWAYNE GILMORE, Plaintiff, v. C SILVA, et al., Defendants.
ORDER OF FURTHER SERVICE
ECF No. 41
JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE
Defendant Correctional Lieutenant R. Tipy shall be served at Pelican Bay State Prison shall be served at the California Training Facility in Soledad, California.
Service shall proceed under the California Department of Corrections and Rehabilitation's (CDCR) e-service program for civil rights cases from prisoners in CDCR custody. In accordance with the program, the clerk is directed to serve on CDCR via email the following documents: the First Amended Complaint, this Order, a CDCR Report of E-Service Waiver form, and a summons. The clerk also shall serve a copy of this order on the plaintiff.
No later than 40 days after service of this order via email on CDCR, CDCR shall provide the court a completed CDCR Report of E-Service Waiver advising the court whether Defendant Tipy will be waiving service of process without the need for service by the United States Marshal Service (USMS) and whether Mulhern declines to waive service or could not be reached. CDCR also shall provide a copy of the CDCR Report of E-Service Waiver to the California Attorney General's Office which, within 21 days, shall file with the court a waiver of service of process for the defendant(s) who are waiving service.
Upon receipt of the CDCR Report of E-Service Waiver, the clerk shall prepare for each defendant who has not waived service according to the CDCR Report of E-Service Waiver a USM-205 Form. The clerk shall provide to the USMS the completed USM-205 forms and copies of this order, the summons, and the operative complaint for service upon each defendant who has not waived service. The clerk also shall provide to the USMS a copy of the CDCR Report of E-Service Waiver.
2. Defendant Tipy shall file an answer in accordance with the Federal Rules of Civil Procedure. He may join in the answer filed by the other Defendants, or he may file his own.
3. Defendant Tipy shall comply with the provisions of ECF No. 37 regarding dispositive motions, except that his deadline to do so is 56 days from the date this order is filed. He may join in any motion filed by the other Defendants, or he may file his own.
IT IS SO ORDERED.