(PS) Harrell v. Elizabeth E. Ferguson Revocable Living Trust et al, No. 2:2017cv02693 - Document 5 (E.D. Cal. 2018)

Court Description: ORDER signed by Magistrate Judge Gregory G. Hollows on 9/3/2018 WITHDRAWING 3 Findings and Recommendations; GRANTING 2 Motion to Proceed IFP; ORDERING service on the named defendant is appropriate at this time; DIRECTING Clerk of Court to issu e forthwith, and the US Marshal is directed to serve all process within 90 days of this order; and DIRECTING Plaintiff to supply the US Marshal, within 14 days from the date this order is filed, all information needed by the Marshal to effect service of process and file statement with the court that said documents have been submitted to the Marshal. (Henshaw, R)

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(PS) Harrell v. Elizabeth E. Ferguson Revocable Living Trust et al Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PETER T. HARRELL, 12 13 14 15 No. 2:17-cv-02693-MCE-GGH Plaintiff, v. ORDER ELIZABETH F. FERGUSON REVOCABLE LIVING TRUST, et al., Defendants. 16 17 18 Plaintiff brings this civil action pro se. On January 16, 2018 this court issued Findings 19 and Recommendations recommending that plaintiff’s request for in forma pauperis, ECF No. 2 be 20 denied and the action be dismissed. ECF No. 3. The court has now revisited the issue of 21 plaintiff’s status and his objections to the court’s recommendation, and without finally ruling on 22 the legal propriety of the claims, withdraws the Findings and Recommendations, and grants 23 plaintiff’s request. It is therefore the Order of the court that: 24 1. Plaintiff’s request to proceed with this action in forma pauperis is GRANTED. 25 2. Service on the named defendant is appropriate at this time. 26 3. The Clerk of the Court is directed to issue forthwith, and the U.S. Marshall is 27 directed to serve all process pursuant to Fed. R. Civ. P. 4 within ninety of this order which service 28 will include a copy of this court’s status order and the current Order, without prepayment of costs. 1 Dockets.Justia.com 1 4. Plaintiff is directed to supply the U.S. Marshal, within 14 days from the date this 2 order is filed, all information needed by the Marshal to effect service of process, and shall file a 3 statement with the court that said documents have been submitted to the United States Marshal. 4 The court anticipates that, to effect service, the U.S. Marshal will require at least: 5 a. One completed summons for the defendant; 6 b. One completed USM-285 form for the defendant; 7 c. One copy of the endorsed filed complaint for the defendant, with an extra 8 copy for the U.S. Marshal; 9 d. One copy of this court’s status order for the defendant; and 10 e. One copy of the instant order for the defendant. 11 5. In the event the U.S. Marshal is unable, for any reason whatsoever, to effectuate 12 service on any defendant within 90 days from the date of this order, the Marshal is directed to 13 report that fact, and the reasons for it, to the undersigned. 14 6. If the defendant waives service, he is required to return the signed waiver to the 15 United States Marshal. If the Marshal has already attempted personal service, the filing of an 16 answer or a responsive motion will not relieve a defendant from the potential obligation to pay 17 the costs of service pursuant to Federal Rule of Civil Procedure 4(d)(2). 18 19 20 7. The Clerk of the Court is directed to serve a copy of this order on the U.S. Marshal, 501 “I” Street, Sacramento, CA 95814, Tel. No. (916) 930-2030. 8. Plaintiff’s failure to comply with this order may result in a recommendation that 21 this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b) and Local Rules 110 22 and 183(a). 23 24 25 26 IT IS SO ORDERED. Dated: September 3, 2018 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 27 28 2

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