Opinion
Civil Action No. 11-cv-01871-REB-KLM
09-26-2011
SHERWYN OATES, Plaintiff, v. MATTHEW PATELLA, Defendant.
Judge Robert E. Blackburn
ORDER REQUIRING SERVICE BY UNITED STATES MARSHAL
Blackburn, J.
This matter is 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. The court has granted the plaintiff leave to proceed in forma pauperis.
THEREFORE, IT IS ORDERED as follows:
1. That if appropriate, the Clerk shall attempt to obtain a waiver of service from the defendant;
2. That if the Clerk is unable to do so, then the United States Marshal shall serve a copy of the complaint, summons, order granting leave to proceed pursuant to 28 U.S.C. § 1915, and all other orders on the defendant; provided, furthermore, that if appropriate, the Marshal shall first attempt to obtain a waiver of service of these documents pursuant to Fed. R. Civ. P. 4(d);
3. That all costs of service shall be advanced by the United States; and
4. That after service of process, the defendant or counsel for the defendant having been served shall respond to the complaint as provided in the Federal Rules of Civil Procedure.
Dated September 26, 2011, at Denver, Colorado.
BY THE COURT:
Robert E. Blackburn
United States District Judge
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING
Civil Action No. 11-cv-01871-REB-KLM
Sherwyn Oates
Prisoner No. 150996
Crowley County Corr. Facility
6564 State Hwy. 96
Olney Springs, CO 81062-8700
US Marshal Service
Service Clerk
Service forms for: Matthew Patella
Skippere S. Spear
Colorado Attorney General's Office
skip.spear@state.co.us
Stacey L. Aurzada
Greeley City Attorney's Office
stacev.aurzada@qreelevqov.com
Robert H. Choate
Greeley City Attorney's Office
bob.choate@greeleyqov.com
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals, and the following forms to the United States Marshal Service for service of process on Matthew Patella: COMPLAINT FILED 7/19/11, ORDER FILED 9/19/11, SUMMONS, AND NOTICE OF AVAILABILITY OF MAGISTRATE JUDGE on 9/24/11.
GREGORY C. LANGHAM, CLERK
By:__________
Deputy Clerk