Hall v. Arpaio et al
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|Date Filed||#||Document Text|
|October 28, 2015
ORDER (Service Packet): The reference to the Magistrate Judge as to Plaintiff's Response to the Court's Order to Show Cause (Doc. 33 ), which the Court construes as a Motion for leave to amend, and the screening of Plaintiff's Third Amended Complaint (Doc. 32 ) is withdrawn. All other matters remain referred to the Magistrate Judge for disposition as appropriate. Plaintiff's Motion for leave to amend (Doc. 33 ) is granted. Counts Two and Three of Plaintiff's Thir d Amended Complaint are dismissed. Defendant Arpaio must answer Count One of the Third Amended Complaint. The Clerk of Court must send Plaintiff this Order, and a copy of the Marshal's Process Receipt & Return form (USM-285) and Notice of Law suit & Request for Waiver of Service of Summons form for Defendant. Plaintiff must complete and return the service packet for Defendant to the Clerk of Court within 21 days of the date of the filing of this Order. The United States Marshal will no t provide service of process if Plaintiff fails to comply with this Order. If Plaintiff does not either obtain a waiver of service of the summons or complete service of the Summons and Third Amended Complaint on Defendant within 120 days of the fil ing of the Complaint or within 60 days of the filing of this Order, whichever is later, the action may be dismissed. The United States Marshal must retain the Summons, a copy of the Third Amended Complaint, and a copy of this Order for future use. The United States Marshal must notify Defendant Arpaio of the commencement of this action and request waiver of service of the summons pursuant to Rule 4(d) of the Federal Rules of Civil Procedure. The notice to Defendant must include a copy of this Order. Signed by Judge Diane J Humetewa on 10/27/15. (KGM)
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