Summary
This order grants a pro se incarcerated plaintiff’s motion to amend a summons to correctly identify defendant Simpson and authorize service through the U.S. Marshals Service. Relying on Federal Rule of Civil Procedure 4(c)(3) and 28 U.S.C. § 1915(d), the court notes that incarcerated plaintiffs proceeding in forma pauperis may utilize marshal-assisted service. The order directs the clerk to issue the summons and instructs the plaintiff to complete and submit a USM-285 form by a specified deadline to facilitate service. It further outlines the procedural requirements for tracking service attempts and filing related notices.
Topics
Practice areas
Questions Presented
- Whether the district court may grant a motion to amend a summons and order service by the U.S. Marshals Service for an incarcerated pro se plaintiff.
Holdings
- The motion to amend the summons is granted and the court orders the U.S. Marshals Service to serve the amended summons on defendant Simpson.
Key quotations
“"A document filed pro se is ‘to be liberally construed[.]’"”
Factual background
Pro se plaintiff Quiwaneca Spikes, incarcerated at Florence McClure Women's Correctional Center, alleges that the summons was improperly issued to LVMPD and CCDC and seeks an amendment of the summons and marshal service on defendant Simpson.