Opinion
Civil Action No. 10-cv-02172-CMA-KLM.
June 22, 2011
ORDER GRANTING SERVICE BY UNITED STATES MARSHAL
This matter is before the Court pursuant to the Order to Show Cause [Docket No. 26] issued on May 26, 2011. On June 2, 2011, Plaintiffs filed a Response [Docket No. 27] to the Order in which they provided new addresses for Defendants who remain unserved, Amber Fender and Sean Smith. The Court has granted Plaintiffs leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Order [Docket No. 10]; see also Order Granting Service by United States Marshal [Docket No. 19]. Accordingly,
IT IS HEREBY ORDERED that the Order to Show Cause [#26] is DISCHARGED.
IT IS FURTHER ORDERED that, if appropriate, the United States Marshal shall attempt to obtain a waiver of service pursuant to Fed.R.Civ.P. 4(d) from Defendants Amber Fender and Sean Smith at their respective addresses as provided by Plaintiffs: 813 Saguaro, Bayfield, CO 81122 and United States Attorney's Office for the Western District of Oklahoma, 210 West Park Avenue, Oklahoma City, OK 73102. If unable to obtain a waiver, the United States Marshal shall serve a copy of the Amended Complaint [Docket No. 16], summons, Order [Docket No. 10] granting leave to proceed pursuant to 28 U.S.C. § 1915, and all other orders of the Court upon Defendants Amber Fender and Sean Smith at the above addresses. All costs of service shall be advanced by the United States.
IT IS FURTHER ORDERED that Defendants Amber Fender and Sean Smith or their counsel shall respond to the Amended Complaint [#16] as provided for in the Federal Rules of Civil Procedure after they receive service of process.
Exhibit