Free Order on Motion for Order - District Court of Connecticut - Connecticut

Case 3:03-cv-00407-JCH

Document 42

Filed 12/19/2003

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

ANGEL CABALLERO, JR.

: : v. : : COMMISSIONER JOHN J. ARMSTRONG, et al.:

PRISONER Case No. 3:03CV407(JCH)

RULING AND ORDER Pending are two motions filed by plaintiff. First, plaintiff seeks an extension of time to respond to defendants' motion to dismiss until the court rules on his motion for leave to amend. Plaintiff's motion [doc. #35] is GRANTED.

Second, plaintiff asks the court to order the U.S. Marshal to effect personal service on defendants Armstrong and Hynes and to require the defendants to bear the cost of service. 12(h)(1), Fed. R. Civ. P., provides that a defense of insufficiency of service of process is waived if not included in a motion to dismiss. 2003. All defendants appeared on November 12, Rule

Although they have filed a motion to dismiss, they do not Thus, any

contest the adequacy of service in their motion.

defense of insufficiency of service of process has been waived and personal service upon defendants Armstrong and Hynes is not

Case 3:03-cv-00407-JCH

Document 42

Filed 12/19/2003

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required. DENIED.

Plaintiff's motion for personal service [doc. #33] is

SO ORDERED. Entered this 18th day of December, 2003, at Bridgeport, Connecticut. __/s/__________________ HOLLY B. FITZSIMMONS UNITED STATES MAGISTRATE JUDGE

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