Jacobsen #353588 v. NaphCare et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Craig Leslie Jacobsen, Jr.,
Plaintiff,
v.
NaphCare, et al.,
Defendants.
No. CV-24-01393-PHX-SHD (JZB)
ORDER
Pending before the Court is Plaintiff’s “Notice or Motion to Request Defendants
Contact Plaintiff Telephonically and Notice that Plaintiff has had his Heart Operation with
Another Anticipated” (“Motion to Contact”) (doc. 134) and “Motion to Serve Defendant(s)
by U.S. Marshals and Answer Complaint” (“Motion to Serve”) (doc. 136). In his Motion
to Contact, Plaintiff requests Defendant DeFeo contact him telephonically. (Doc. 134 at 4.)
In his Motion to Serve, Plaintiff requests the Court serve the remaining Defendants in this
action. (Doc. 136 at 2.)
In response to Plaintiff’s Motion to Contact, Defendant DeFeo filed a notice
informing the Court that he contacted Plaintiff on March 5, 2026. (Doc. 135 at 1.)
Consequently, the Court will deny the Motion as moot.
Regarding Plaintiff’s Motion to Serve, the Court notes that Plaintiff did not receive
copies of the U.S. Marshal’s Process Receipt & Return form (USM-285) for the added
Defendants following the District Court’s granting of his Motion to Amend. See (doc. 121.)
Therefore, the Court will grant Plaintiff’s Motion to Serve to the extent that the Court will
Case 2:24-cv-01393-SHD-JZB Document 138 Filed 03/10/26 Page 1 of 3

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provide Plaintiff with USM-285 forms to complete and return.
Accordingly,
IT IS ORDERED that Plaintiff’s Motion to Contact (doc. 134) is DENIED AS
MOOT.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Serve (doc. 136) is
GRANTED to the extent discussed herein. Plaintiff shall comply with the following
provisions to serve the remaining un-served Defendants:
1) The Clerk of Court must send Plaintiff this Order, the District Court’s
January 9, 2026 Order (doc. 121), and a copy of the Marshal’s Process
Receipt & Return form (USM-285) for Defendants CO Santoya, CO
Urnquart, John Doe Sergeant One, John Doe Corrections Officer III, Jane
Doe Nurse 1, CO Layton, CO Blankets,1 CO Levine, Nurse Practitioner
Conejos, Deal, and Defendants Jane Doe “psych techs” 1 and 2.
2) Plaintiff must complete2 and return the service packets to the Clerk of Court
within FOURTEEN (14) DAYS of the date of filing of this Order. The
United States Marshal will not provide service of process if Plaintiff fails
to comply with this Order.
3) The Clerk of Court shall expeditiously forward service packets to the USMS.
4) If Plaintiff does not complete service of the Summons and Complaint on
Defendants within SIXTY (60) DAYS of the filing of this Order, whichever
is later, the action may be dismissed as to each unserved Defendant. Fed.
R. Civ. P. 4(m); LRCiv 16.2(b)(2)(B)(ii).
5) The United States Marshal must retain the Summons, a copy of the Third
Amended Complaint (doc. 122), a copy of this Order, and a copy of the
1 Plaintiff avers in his Motion to Contact that Defendant Blanket’s real name is
“Buttle.” (Doc. 134 at 3.)
2 If a Defendant is an officer or employee of the Arizona Department of Corrections,
Rehabilitation & Reentry, Plaintiff must list the address of the specific institution where
the officer or employee works. Service cannot be effected on an officer or employee at the
Central Office of the Arizona Department of Corrections, Rehabilitation & Reentry unless
the officer or employee works there.
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District Court’s January 9, 2026 Order (doc. 121) for future use.
6) The USMS shall expeditiously personally serve copies of the Summons, the
Third Amended Complaint (doc. 122), this Order, and a copy of the District
Court’s January 9, 2026 Order (doc. 121) upon the aforementioned
Defendants pursuant to Rule 4(e)(2) of the Federal Rules of Civil Procedure.
7) within 10 days after personal service is effected, file the return of service for
Defendants. The costs of service must be enumerated on the return of service
form (USM-285) and must include the costs incurred by the Marshal for
photocopying additional copies of the Summons, Complaint, or this Order
and for preparing new process receipt and return forms (USM-285), if
required.
8) Defendants CO Santoya, CO Urnquart, John Doe Sergeant One, John Doe
Corrections Officer III, Jane Doe Nurse 1, CO Layton, CO Blankets, CO
Levine, Nurse Practitioner Conejos, Deal, and Defendants Jane Doe “psych
techs” 1 and 2 must answer the Third Amended Complaint or otherwise
respond by appropriate motion within the time provided by the applicable
provisions of Rule 12(a) of the Federal Rules of Civil Procedure.
Dated this 10th day of March, 2026.
Honorable John Z. Boyle
United States Magistrate Judge
Case 2:24-cv-01393-SHD-JZB Document 138 Filed 03/10/26 Page 3 of 3