Domai v. Ahleen et al, No. 2:2015cv00564 - Document 7 (D. Utah 2016)
Court Description: MEMORANDUM DECISION AND ORDER: Plaintiff is to file a Notice by 6/27/16 containing the Defendants' addresses, along with the addresses of the Defendants registered agent or other person authorized to accept service of process. After plaintiff supplies the necessary information, summons will be prepared for USMS service. Signed by Magistrate Judge Evelyn J. Furse on 6/13/16 (alt)
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Domai v. Ahleen et al Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION GUY M. DOMAI, MEMORANDUM DECISION AND ORDER ON SERVICE OF PROCESS Plaintiff, v. Case No. 2:15-cv-00564-DN-EJF DAN AHLEEN, FNU FISHER, and GATEWAY, District Judge David Nuffer Defendants. Magistrate Judge Evelyn J. Furse On August 13, 2015, the Court granted Plaintiff Guy M. Domai leave to proceed in forma pauperis under 28 U.S.C. § 1915. (ECF No. 2.) Subsequently, District Judge David Nuffer referred this case to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B). (ECF No. 4.) Rule 4 requires a court to serve process for plaintiffs it has authorized to proceed in forma pauperis under 28 U.S.C. § 1915. Fed. R. Civ. P. 4(c)(3) (“At the plaintiff’s request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 . . . .”) (emphasis added); see Olsen v. Mapes, 333 F.3d 1199, 1204 (10th Cir. 2003) (“When a plaintiff is granted in forma pauperis status, the district court is required to serve process for the plaintiff.”). The Complaint does not provide an address for any of the Defendants. Therefore, the Court first ORDERS Mr. Domai to file a Notice by Monday, June 27, 2016 containing the Defendants’ addresses, along with the addresses of the Defendants’ registered agent or other person authorized to accept service of process. 1 Dockets.Justia.com After Mr. Domai supplies the necessary information regarding where to serve the Defendants, the Court DIRECTS the Clerk of Court to prepare a summons for the Defendants in this case. The United States Marshals Service shall serve a completed summons, a copy of the Complaint, and a copy of this Order upon the Defendants. DATED this 13th day of June, 2016. BY THE COURT: ______________________________ EVELYN J. FURSE United States Magistrate Judge 2
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