Parker
v.
Arellano

United States District Court, D. ColoradoFeb 25, 2009
Civil Action No. 08-cv-00737-MSK-KLM. (D. Colo. Feb. 25, 2009)

Civil Action No. 08-cv-00737-MSK-KLM.

February 25, 2009


ORDER GRANTING SERVICE BY UNITED STATES MARSHAL


This matter is before the Court on the affidavit in support of the motion for leave to proceed without prepayment of fees or security pursuant to 28 U.S.C. § 1915. Magistrate Judge Boyd N. Boland granted Plaintiff leave to proceed in forma pauperis [Docket No. 5]. Since the filing of the initial complaint, Plaintiff has been given leave to file an amended complaint [Docket No. 123] which names new parties as Defendants.

IT IS HEREBY ORDERED that, if appropriate, the Clerk shall attempt to obtain waivers of service from Defendants Mr. Arellano, Captain Hall, Mr. Leonard Vigil, Mr. David M. Zupan, Mrs. D. Webster, Lt. McCormick, Mr. Enrequiz, Lt. Piper, Mrs. Susan Jones, Mrs. Jill Hoggarth, Mr. Dr. [sic] Michaud, and Lt. Robert Steinbeck, who were added as Defendants by the Final Amended Complaint [Docket No. 124]. If the Clerk is unable to obtain waivers of service from these Defendants, the United States Marshal shall serve a copy of the Final Amended Complaint, summons, and order granting leave to proceed pursuant to 28 U.S.C. § 1915 upon Defendants. If appropriate, the Marshal shall first attempt to obtain a waiver of service of these documents pursuant to Fed.R.Civ.P. 4(d). All costs of service shall be advanced by the United States.

An Order Granting Service [Docket No. 24] was previously issued, and waivers of service were executed for previously-named Defendants [Docket No. 25]. Those Defendants have now been terminated by the filing of Plaintiff's Final Amended Complaint [Docket No. 124].

IT IS FURTHER ORDERED that Defendants Mr. Arellano, Captain Hall, Mr. Leonard Vigil, Mr. David M. Zupan, Mrs. D. Webster, Lt. McCormick, Mr. Enrequiz, Lt. Piper, Mrs. Susan Jones, Mrs. Jill Hoggarth, Mr. Dr. [sic] Michaud, and Lt. Robert Steinbeck or their counsel shall respond to the Final Amended Complaint [Docket No. 124] within ten (10) days from the date of personal service or waiver of service.