Allred

(PC) Mosz v. Allred

Good Law
United States District Court, Eastern District of CaliforniaMarch 15, 20212:19-cv-01010California992 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JONATHAN MOSZ, No. 2:19-cv-1010 WBS DB P Plaintiff, v. AMENDED SERVICE ORDER AND ORDER

DIRECTING SERVICE BY THE UNITED

DAVID ALLRED, STATES MARSHAL WITHOUT

PREPAYMENT OF COSTS

Defendant.

16 Plaintiff is a federal prisoner proceeding pro se and in forma pauperis in this civil rights 17 action brought pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S 388 18 (1971). On October 28, 2020, service was initiated on defendant Dr. David Allred, the Medical 19 Director at Federal Correctional Institution in Herlong, California, who was sued in his individual 20 capacity. It appears, however, that the service order did not comply with Federal Rule of Civil 21 Procedure 4 in that the United States was not also served along with this federal employee. 22 Generally, Rule 4(b) requires that a summons must be issued for each defendant to be 23 served. Fed. R. Civ. P. 4(b). In addition, Rule 4(i)(3) requires that when a federal employee…

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