Opinion
Civil Action No. 05-cv-01382-PSF-CBS.
October 24, 2005
ORDER GRANTING SERVICE BY UNITED STATES MARSHAL
This civil action comes before the court on Minor's "Motion to Use the United States Marshall Service to Conduct Service of Summons and Complaint Pursuant to Rule 4 of F.C.R.P. [sic]" (filed October 20, 2005) (doc. # 10). Pursuant to the Order of Reference dated October 6, 2005 (doc. # 9) and the memorandum dated October 21, 2005 (doc. # 11), Minor's motion was referred to the Magistrate Judge.
On September 1, 2005, Minor was granted leave to proceed in forma pauperis without prepayment of fees or pursuant to 28 U.S.C. § 1915. ( See doc. # 5). Minor's Prisoner Complaint was filed on July 25, 2005. Accordingly,
It is now ORDERED that the Clerk of the Court, where appropriate, shall attempt to obtain a waiver of service from the Defendants. If a waiver of service cannot be obtained by the Clerk, the United States Marshal shall serve a copy of the Amended Complaint and summons 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, after service of process on the Defendants, the Defendants or counsel for the Defendants shall respond to the Amended Complaint as provided for in the Federal Rules of Civil Procedure.
DATED at Denver, Colorado, this 24th day of October, 2005.