Free Order on Motion for Miscellaneous Relief - District Court of California - California

Case 3:07-cv-02376-L-JMA

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Filed 04/17/2008

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1 2 3 4 5 6 7 8 9 10 11 KARAL HASANI EFIA BATTLE-EL, 12 13 v. 14 DEPARTMENT OF VETERANS AFFAIRS, 15 Defendant. 16 17 Plaintiff, ) ) ) ) ) ) ) ) ) ) ) Civil No. 07cv2376-L(JMA) ORDER GRANTING REQUEST FOR FORMS AND SERVICE BY U.S. MARSHAL [doc. #11] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

On April 15, 2008, plaintiff, appearing pro se and in forma pauperis, filed a notice of

18 motion, motion1 for court to effect service of summons by U.S. Marshal (Marshal 285 Forms) . . 19 . ." The Court construes plaintiff's filing as a request for another IFP service packet to be sent 20 to him so that service of a copy of the summons and the complaint on the United States 21 Attorney for the Southern District of California and on the Attorney General of the United States 22 at Washington, D.C. may be effectuated. See FED. R. CIV. P. 4(i)(1)(A)(i) and (ii), 4(i)(1)(B), 23 and 4(i)(2). See Order filed March 24, 2008 [doc. #8]; April 9, 2008 [doc. #10]. 24 25 Plaintiff is advised that notwithstanding his pro se status, he is expected to comply with the Federal Rules of Civil Procedure and the Civil Local Rules. To that end, plaintiff's 27 attention is directed to Civil Local Rule 7.1.b: "All hearing dates for any matters on which a ruling is required shall be obtained from the clerk of the judge to whom the case is assigned." 28 Here, plaintiff has attempted to file a motion without first obtaining a hearing date from chambers. Any further failure to obtain a hearing date prior to the filing of a motion will likely result in the strike of the motion. 26
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Based on the foregoing, the Clerk of the Court is directed to resend the IFP packet with

Case 3:07-cv-02376-L-JMA

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Filed 04/17/2008

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1 the appropriate number of summons and Marshal 285 Forms to plaintiff at his address on record. 2 IT IS SO ORDERED.

3 DATED: April 17, 2008 4 5 6 COPY TO: 7 HON. JAN M. ADLER UNITED STATES MAGISTRATE JUDGE 8 9 ALL PARTIES/COUNSEL 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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M. James Lorenz United States District Court Judge