Free Summons Issued - District Court of California - California

Case 3:07-cv-02090-JM-BLM
AO 440 (Rev 5/85) Summons in a Civil Action

Document 5

Filed 11/07/2007

Page 1 of 2

United States District Court
SOUTHERN DISTRICT OF CALIFORNIA

Bailey vs State of California Department of Justice, el al SUMMONS IN A CIVIL ACTION Case No. 07cv2090-JM(BLM)

TO: (Name and Address of Defendant)

YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon PLAINTIFF'S ATTORNEY Russo Bailey 864 North 2nd street #138 El Cajon, CA 92021 (619) 504-5682 An answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.

W. Samuel Hamrick, Jr. Clerk of Court S/ T. Lee By, Deputy Clerk
AO 440 (Rev 5/85) Summons in a Civil Action

November 7, 2007 DATE

Case 3:07-cv-02090-JM-BLM

Document 5

Filed 11/07/2007

Page 2 of 2

RETURN OF SERVICE Service of the Summons and Complaint was made by me NAME OF SERVER Check one box below to indicate appropriate method of service Served personally upon the defendant. Place where served: DATE TITLE

Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein: Name of person with whom the summons and complaint were Return unexecuted:

Other (specify):

STATEMENT OF SERVICE FEES TRAVEL SERVICES DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service Fees is true and correct. Executed on: Date Signature of Server Address of Server NOTICE OF RIGHT TO CONSENT TO TRIAL BY A UNITED STATES MAGISTRATE IN ACCORDANCE WITH THE PROVISION OF 28 USC 636(C) YOU ARE HEREBY NOTIFIED THAT A U.S. MAGISTRATE OF THIS DISTRICT MAY, UPON CONSENT OF ALL PARTIES ON FORM 1A AVAILABLE IN THE CLERK'S OFFICE, CONDUCT ANY OF ALL PROCEEDINGS, INCLUDING A JURY OR NON-JURY TRIAL, AND ORDER THE ENTRY OF A FINAL JUDGMENT. COUNSEL FOR THE PLAINTIFF HAS RECEIVED A CONSENT FORM. YOU SHOULD BE AWARE THAT YOUR DECISION TO CONSENT OR NOT CONSENT IS ENTIRELY VOLUNTARY AND SHOULD BE COMMUNICATED SOLELY TO THE CLERK OF COURT. ONLY IF ALL PARTIES CONSENT WILL THE JUDGE OR MAGISTRATE TO WHOM THE CASE HAS BEEN ASSIGNED BE INFORMED OF YOUR DECISION. JUDGEMENTS OF THE U.S. MAGISTRATES ARE APPEALABLE TO THE U.S. COURT OF APPEALS IN ACCORDANCE WITH THIS STATUTE AND THE FEDERAL RULES OF APPELLATE PROCEDURE UNLESS THE PARTIES AT THE TIME OF THEIR CONSENT TO TRIAL BEFORE A MAGISTRATE AGREE UPON REVIEW BY THE UNITED STATES DISTRICT COURT. 1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure summons.frp TOTAL