Professional Documents
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6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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9 Jose Lopez-Hernandez, ) No. CV 06-2385-PHX-SMM (VAM)
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10 Plaintiff, ) ORDER
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11 vs. )
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Joseph Arpaio, )
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Defendant. )
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16 Plaintiff Jose Lopez-Hernandez, confined in the Towers Jail, has filed a pro se civil
17 rights Complaint pursuant to 42 U.S.C. § 1983 and an Application to Proceed In Forma
18 Pauperis. The Court will require an answer to the Complaint.
19 I. Application to Proceed In Forma Pauperis & Filing Fee
20 Plaintiff’s request to proceed in forma pauperis will be granted. 28 U.S.C. § 1915(a).
21 Plaintiff must pay the statutory filing fee of $350.00 for this action. No initial partial filing
22 fee will be assessed by this Order. The fee will be collected monthly in payments of 20
23 percent of the previous month’s income, each time the amount in the account exceeds $10.00.
24 28 U.S.C. § 1915(b)(2). The Court will enter a separate Order requiring the appropriate
25 government agency to collect the fees according to the statutory formula.
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1 (4) Plaintiff must complete and return the service packet to the Clerk of Court within
2 20 days of the date of filing of this Order. The United States Marshal will not provide
3 service of process if Plaintiff fails to comply with this Order.
4 (5) If Plaintiff does not either obtain a waiver of service of the summons or complete
5 service of the Summons and Complaint on each Defendant within 120 days of the filing of
6 the complaint or within 60 days of the filing of this Order, whichever is later, the action may
7 be dismissed as to each Defendant not served pursuant to Rule 4(m) of the Federal Rules of
8 Civil Procedure and Local Rule of Civil Procedure 16.2(b)(2)(B)(i).
9 (6) The United States Marshal must retain the Summons, a copy of the Complaint,
10 and a copy of this Order for future use.
11 (7) The United States Marshal must notify Defendant of the commencement of this
12 action and request waiver of service of the summons pursuant to Rule 4(d) of the Federal
13 Rules of Civil Procedure. The notice to Defendant must include a copy of this Order. The
14 Marshal must file waivers of service of the summons or requests for waivers that were
15 returned as undeliverable as soon as they are received. If a waiver of service of summons
16 is not returned by a Defendant within thirty days from the date the request for waiver was
17 sent by the Marshal, the Marshal must:
18 (a) Personally serve copies of the Summons, Complaint, and this Order upon the
19 Defendant pursuant to Rule 4(e)(2) of the Federal Rules of Civil Procedure;
20 (b) Within 10 days after personal service is effected, file the return of service for
21 the Defendant, along with evidence of the attempt to secure a waiver of service of the
22 summons and of the costs subsequently incurred in effecting service upon the
23 Defendant. The costs of service must be enumerated on the return of service form
24 (USM-285) and must include the costs incurred by the Marshal for photocopying
25 additional copies of the Summons, Complaint, or this Order and for preparing new
26 process receipt and return forms (USM-285), if required. Costs of service will be
27 taxed against the personally served defendant pursuant to Rule 4(d)(2) and (5) of the
28 Federal Rules of Civil Procedure, unless otherwise ordered by the Court.
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1 (8) A Defendant who agrees to waive service of the Summons and Complaint must
2 return the signed waiver forms to the United States Marshal, not the Plaintiff.
3 (9) Defendant must answer the Complaint or otherwise respond by appropriate
4 motion within the time provided by the applicable provisions of Rule 12(a) of the Federal
5 Rules of Civil Procedure.
6 (10) Any answer or responsive pleading must state the specific Defendant(s) by name
7 on whose behalf it is filed. The Court may strike any answer, responsive pleading, or other
8 motion or paper that does not identify the specific Defendant(s) by name on whose behalf
9 it is filed.
10 (11) This matter is referred to Magistrate Judge Virginia A. Mathis under Rules 72.1
11 and 72.2 of the Local Rules of Civil Procedure.
12 DATED this 20th day of October, 2006.
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