Opinion
Civil Action No. 07-cv-00545-EWN-KLM.
July 18, 2008
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. Magistrate Judge Craig B. Shaffer granted Plaintiff leave to proceed in forma pauperis [Docket No. 6]. It has come to the Court's attention that a previous Order directing the Marshal to serve the Summons and Complaint [Docket No. 12] did not result in service on Defendants. As such, Defendants have not accepted or waived service. It is now
ORDERED that, if appropriate, the Clerk shall attempt to obtain a waiver of service from Defendants. If the Clerk is unable to obtain a waiver of services from Defendants, the United States Marshal shall serve a copy of Complaint, Summons, order granting leave to proceed pursuant to 28 U.S.C. § 1915, and all other orders upon 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 shall respond to the complaint [Docket No. 3] as provided for in the Federal Rules of Civil Procedure after service of process on Defendants.
Exhibit