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16-527 - Heisler v. Flowerama et al


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16-527 - Heisler v. Flowerama et al
December 8, 2016
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ORDER Plaintiff's application, (Filing No. 2) is granted, and the complaint shall be filed without payment of fees. The Clerk of Court shall send a copy of this Memorandum and Order together with two summons form(s) and two USM-285 form(s) to Plaintiff's attorney of record for service of process on Defendant(s). If Plaintiff is not requesting service by United States Marshal, Plaintiff's attorney of record shall, as soon as possible, complete the summons form(s) and return them to the Clerk of the court to be issued. The issued summon(s) will then be returned to Plaintiff's attorney of record for service on Defendant(s). If Plaintiff is requesting service by the United States Marshal, Plaintiff's attorney of record shall, as soon as possible, complete the USM-285 form(s) and the summons form(s) and return them to the Clerk of the court. The Clerk of the court will sign the summons form(s), to be forwarded with a copy of Plaintiff's Comrate Judge Cheryl R. Zwart. (Copies mailed as directed) (LAC)plaint to the U.S. Marshal for service of process. The Clerk of the court will copy the Complaint; Plaintiff's counsel need not do so. The Marshal shall serve the summons and the Complaint without payment of costs or fees. This order is entered without prejudice to the court later entering an order taxing costs in this case. No one, including any plaintiff, is relieved by this order from the obligation to pay or to reimburse taxable costs after this action is over. Ordered by Magist
April 5, 2017
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ORDER that plaintiff shall have until May 5, 2017 to show cause why this case should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m) or for want of prosecution. The failure to timely comply with this order may result in dismissal of this action without further notice. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
May 22, 2017
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FINDINGS AND RECOMMENDATION - IT IS RECOMMENDED to the Honorable John M. Gerrard, United States District Judge, pursuant to 28 U.S.C. ยง 636(b), that the complaint be dismissed for failure of service and want of prosecution. The parties are notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the courts adoption of the recommendation. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
June 8, 2017
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ORDER adopting Magistrate Judge's Findings and Recommendation9. The plaintiff's complaint is dismissed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (JAB)
June 8, 2017
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JUDGMENT regarding Order on Findings and Recommendation11. Plaintiff's complaint is dismissed. Ordered by Judge John M. Gerrard. (JAB)