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17-1547 - Jones #190298 v. Nash et al

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17-1547 - Jones #190298 v. Nash et al
January 23, 2018
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ORDER (Service Packet): Plaintiff's Motion for Default 14 is denied. Defendant's Motion for Screening of the First Amended Complaint 22 is granted. Counts One and Three are dismissed without prejudice. The excessive force and conspiracy claims in Count Two are also dismissed without prejudice. Defendants Nash and Lao are dismissed without prejudice. Defendant Woods must answer the medical care claim in Count Two. Defendant Meyers must answer the medical care claim in Count Four. 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 Lawsuit & Request for Waiver of Service of Summons form for Defendant Meyers. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. The United States Marshal will not 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 Complaint on a Defendant within 90 days of the filing of the Amended Complaint or within 60 days of the filing of this Order, whichever is later, the action may be dismissed as to each Defendant not served. This matter is referred to Magistrate Judge John Z. Boyle pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings as authorized under 28 U.S.C. ยง 636(b)(1). Signed by Judge Diane J Humetewa on 1/23/2018. (Attachments: # (1) Service Packet Letter, # (2) Service Packet for Defendant Meyers) (REK)