Daubert v. City of Lindsay
Filing
10
ORDER Directing Plaintiff to Submit USM-285 Forms signed by Magistrate Judge Gary S. Austin on 3/29/2010. Completed service documents due within 30 days. (Attachments: # 1 copy of complaint, # 2 Instructions & Ntc of Submission, # 3 blank summons)(Esteves, C)
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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 TIMOTHY S. DAUBERT, 9 10 Plaintiff, 11 v. 12 CITY OF LINDSAY, 13 14 Defendant. 15 16 Plaintiff Timothy S. Daubert ("Plaintiff") is proceeding pro se and informa pauperis in 17 this Americans with Disabilities Act ("ADA") action filed on July 30, 2009. He names the City 18 of Lindsay as the Defendant. On August 20, 2009, the Court determined that Defendant be 19 served with the complaint and that Plaintiff complete and return copies of Form USM-285. 20 Plaintiff did so on August 25, 2009. However, the Court requires a duplicate copy of the forms 21 submitted by Plaintiff so that Defendant City of Lindsay may be served. 22 Accordingly, IT IS HEREBY ORDERED that : 23 1. 24 instruction sheet and a copy of the complaint filed on July 30, 2009. 25 2. 26 the attached Notice of Submission of Documents and submit the completed 27 Notice to the Court with the following documents: 28 1 Within THIRTY (30) DAYS from the date of this Order, Plaintiff shall complete The Clerk of the Court shall send Plaintiff one USM-285 form, one summons, an ) 1:09:1338 AWI GSA ) ) ) ORDER DIRECTING PLAINTIFF ) TO SUBMIT USM-285 FORMS ) ) ) ) ) ) ) ) )
UNITED STATES DISTRICT COURT
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a. b. c.
One completed summons; One completed USM-285 form for the Defendant; and Two copies of the complaint filed on July 30, 2009.
Plaintiff need not attempt service on Defendant and need not request waiver of service. Upon receipt of the above-described documents, the Court will direct the United States Marshal to serve the above-named Defendant pursuant to Federal Rule of Civil Procedure 4 without payment of costs. A failure to comply with this Order will result in a Recommendation that this action be dismissed.
IT IS SO ORDERED. Dated: 6i0kij
March 29, 2010
/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE
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