Moriarity v. Henriques et al - Document 11

Court Description:

ORDER Directing Clerk to Issue Summons; ORDER Directing Plaintiff to Complete and Return Service Documents, signed by Magistrate Judge Jennifer L. Thurston on 10/24/11. (Attachments: # 1 First Amended Complaint, # 2 USM Instructions, # 3 Summons)(Gonzalez, R)

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 LINDA D. MORIARITY, ) ) Plaintiff, ) ) v. ) ) JANALIE HENRIQUES, ) HUNT & HENRIQUES LAW FIRM, ) ) Defendants. ) _______________________________________ ) Case No.: 1:11-cv-01208 -- - JLT ORDER DIRECTING CLERK TO ISSUE SUMMONS ORDER DIRECTING PLAINTIFF TO COMPLETE AND RETURN SERVICE DOCUMENTS By previous order, the Court granted the motion to proceed in forma pauperis filed by 18 Plaintiff Linda Moriarity. (Doc. 5). In addition, the Court found Plaintiff’s First Amended 19 Complaint contained cognizable claims against defendants Janalie Henriques and Hunt & Henriques 20 Law Firm. (Doc. 8). On October 20, 2011, Plaintiff filed a notice of intent to proceed on the claims 21 found cognizable by the Court. (Doc. 10). 22 Accordingly, IT IS HEREBY ORDERED: 23 1. Service of the First Amended Complaint is appropriate for, and shall be initiated on: 24 a. Janalie Henriques and 25 b. Hunt & Henriques Law Firm 26 2. The Clerk of the Court shall send Plaintiff two (2) USM-285 forms, one (1) 27 summons, one (1) Notice of Submission of Documents form, an instruction sheet, and 28 a copy of the First Amended Complaint filed September 16, 2011 (Doc. 7); 1 1 3. Within thirty (30) days from the date of this order, Plaintiff shall complete the 2 attached Notice of Submission of Documents and submit the completed Notice to the 3 Court with the following documents: 4 a. One completed summons; 5 b. One completed USM-285 form for each defendant listed above; and 6 c. Three (3) copies of the endorsed First Amended Complaint. 7 4. Plaintiff need not attempt service on Defendants and need not request waiver of 8 service. Upon receipt of the documents described above, the Court will direct the 9 United States Marshal to serve Defendants pursuant to Federal Rule of Civil 10 11 12 Procedure 4 without payment of costs. 5. Failure to comply with this order will result in a recommendation that this action be dismissed. 13 IT IS SO ORDERED. 14 Dated: October 24, 2011 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2