Opinion
CIV 12-0988 KBM/WDS
02-11-2013
JASON R. WHITE, Plaintiff, v. CITY OF ALBUQUERQUE,ALBUQUERQUE POLICE OFFICER J. McRAE, in his official and individual capacity, ROBERT METZGER, J. RICHARDS and JOHN DOE, Defendants.
AMENDED ORDER FOR PERSONAL SERVICE OF PROCESS
THIS MATTER is before the Court sua sponte pursuant to 28 U.S.C. § 1915(d) and rule 4(c), (d) of the Federal Rules of Civil Procedure. Notice and waiver of service forms were issued for Defendants McRae, Metzger and Richards, but none of these Defendants had filed a waiver as of February 11, 2013. Therefore, today the Court entered and Order requiring personal service of the summons and complaint on the individual Defendants. See Fed. R. Civ. P. 4(c)(3), (d)(2). Since entry of that Order, however, two of the individuals have filed waivers of personal service and answers to the complaint.
IT IS THEREFORE ORDERED that summons shall be issued and the U.S. Marshal shall serve the summons and complaint personally only as to Defendant Metzger as directed by the Clerk. The service of the summons and complaint shall be at no cost to the Plaintiff.
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UNITED STATES CHIEF MAGISTRATE JUDGE