Opinion
Civil Action No. 07-cv-02176-REB-KLM.
August 12, 2008
ORDER GRANTING SERVICE BY UNITED STATES MARSHAL
THIS CAUSE came before the Court on the affidavit in support of the motion for leave to proceed without prepayment of fees or security pursuant to 28 U.S.C. § 1915 [Docket No. 1]. Magistrate Judge Boyd N. Boland granted Plaintiff leave to proceed in forma pauperis [Docket No. 2]. By Order dated August 12, 2007 [Docket No. 41], I granted Plaintiffs Motion to substitute Aristedes W. Zavaras, Executive Director of the Colorado Department of Corrections, sued in his individual capacity and his official capacity, for Joe Ortiz, the former executive director of the Colorado Department of Corrections. It is now
ORDERED that, if appropriate, the Clerk shall attempt to obtain a waiver of service of the Complaint from Defendant Aristedes W. Zavaras. If the Clerk is unable to obtain waiver of service from this Defendant, the United States Marshal shall serve a copy of the Complaint, summons, order granting leave to proceed pursuant to 28 U.S.C. § 1915, and all other orders upon the Defendant. If appropriate, the Marshal shall first attempt to obtain a waiver of service of these documents pursuant to Fed.R.Civ.P. 4(d). All costs of service shall be advanced by the United States.
An Order Granting Service [Docket No. 17] was previously issued for the defendants not named in this Order, which was executed on January 10, 2008 [Docket No. 18].
IT IS FURTHER ORDERED that Aristedes W. Zavaras or his counsel shall respond to the Complaint as provided for in the Federal Rules of Civil Procedure after service of process on him.