Opinion
Civil Action No. 10-cv-00216-MSK-KLM.
June 30, 2010
ORDER GRANTING SERVICE BY UNITED STATES MARSHAL
This matter is before the Court on Plaintiff's affidavit in support of the motion for leave to proceed without prepayment of fees or security pursuant to 28 U.S.C. § 1915. Plaintiff was granted leave to proceed in forma pauperis [Docket No. 6]. Since the filing of the initial complaint, Plaintiff filed an Amended Complaint [Docket No. 8] which names Manuel Rodriguez and Andrew Smith as Defendants.
The other Defendants named in the original complaint have been dismissed. [Docket No. 9]
IT IS HEREBY ORDERED that, if appropriate, the Clerk shall attempt to obtain a waiver of service from Defendants Rodriguez and Smith. If the Clerk is unable to obtain waivers of service from Defendants, the United States Marshal shall serve a copy of the Amended Complaint and Summons personally on Defendants or attempt to obtain a waiver of service of these documents pursuant to Fed.R.Civ.P. 4(d).
IT IS FURTHER ORDERED that Defendants Rodriguez and Smith shall respond to the Amended Complaint [Docket No. 8] within ten (10) days from the date of personal service or waiver of service pursuant to Fed.R.Civ.P. 15(a)(3).
Exhibit