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Lauren v. Montana State University

United States District Court, D. Montana, Butte Division

November 1, 2017

JEAN PAUL LAUREN, Plaintiff,
v.
MONTANA STATE UNIVERSITY, JOHN PAXTON, and BRENDA YORK, Defendants.

          ORDER

          JEREMIAH C. LYNCH, UNITED STATES MAGISTRATE JUDGE

         By order entered September 19, 2017, the Court granted Plaintiff Jean Paul Lauren leave to proceed in forma pauperis under 28 U.S.C. § 1915(a). The Court reviewed his pleading pursuant to section 1915(e) and found that his allegations, liberally construed, at least state a claim upon which relief could be granted against the Defendants he names in this action. Therefore, the Court ordered Lauren to provide an address for service of process on each Defendant. He has since filed the addresses with the Court.

         Because Lauren is proceeding in forma pauperis, the Court is required to "issue and serve all process" in his case. 28 U.S.C. § 1915(d). He is entitled to have his complaint and summons served by the United States Marshal, or otherwise served by the Court. Fed.R.Civ.P. 4(c)(3). Accordingly, the Court will serve Lauren's complaint on Defendants, and the Court will request that they waive formal service of process.

         Based on the foregoing, the Court enters the following:

         ORDER

         1. Pursuant to 28 U.S.C. § 1915(d) and Fed.R.Civ.P. 4(d), the Court requests that each Defendant waive service of summons by executing the attached Waiver of Service of Summons.

         The Waiver must be returned to the Court within thirty (30) days of the entry date reflected on the Notice of Electronic Filing for this Order. If Defendants return the forms for Waiver of Service of Summons, an answer or appropriate motion will be due from each Defendant within 60 days after this request for waiver was sent as reflected on the Notice of Electronic Filing for this Order, pursuant to Fed.R.Civ.P. 4(d)(3) and 12(a)(1)(A)(ii).

         2. The Clerk of Court shall forward the documents listed below to each Defendant as follows:

Montana State University
c/o Office of the Attorney General
Justice Building, Third Floor
215 North Sanders
P.O. Box 201401
Helena, MT 59620-1401
John Paxton Gianforte School of Computing 357 Barnard Hall Montana State University Bozeman, MT 59717
Brenda York 20 Robins Nest Lane Belgrade, Montana 59714-9186
* this Order;
* the Order entered September 19, 2017;
* a Notice of Lawsuit & Request to Waive Service of Summons;
* a Waiver of Service of Summons; and
* Lauren's Complaint filed August ...

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