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Bacilio v. Garner

United States District Court, D. Utah

July 17, 2017

MIGUEL ANGEL BACILIO, Plaintiff,
v.
CURTIS L. GARNER, Defendants.

          MEMORANDUM DECISION & ORDER REQUIRING SERVICE OF PROCESS

          CLARK WADDOUPS UNITED STATES DISTRICT JUDGE.

         Plaintiff, Miguel Angel Bacilio, a federal inmate in Texas, filed this pro se civil rights suit, [1] proceeding in forma pauperis.[2] Based on review of the Amended Complaint, [3] the Court concludes that official service of process is warranted. The United States Marshals Service (USMS) is directed to serve a properly issued summons and a copy of Plaintiff's Amended Complaint, along with this Order, upon the following Utah Board of Pardons and Parole defendants:

CURTIS L. GARNER, CHAIRMAN
B. VAROZ, HEARING OFFICER
S. RUSSELL, CASE ANALYST

         Once served, Defendants shall respond to the summons in one of the following ways:

(A) If Defendants wish to assert the affirmative defense of Plaintiff's failure to exhaust administrative remedies in a grievance process, Defendants must,
(i) within 20 days of service, file an answer;
(ii) within 90 days of filing an answer, prepare and file a Martinez report limited to the exhaustion issue[4]; and,
(iii) within 120 days of filing an answer, file a separate summary judgment motion, with a supporting memorandum.
(B) If Defendants choose to challenge the bare allegations of the Complaint, Defendants shall, within 20 days of service,
(i) file an answer; or
(ii) file a motion to dismiss based on Federal Rule of Civil Procedure 12(b)(6).
(C) If Defendants chooses not to rely on the defense of failure to exhaust and wish to pierce the allegations of the ...

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