Mistriel v. Kern County, et al

Filing 53

ORDER Directing Service By The United States Marshals Service Without Prepayment Of Costs, signed by Magistrate Judge Sheila K. Oberto on 7/15/2011. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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GLEN MISTRIEL,

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CASE NO. 1:03-cv-06922-AWI-SKO
Plaintiff,

ORDER DIRECTING SERVICE BY THE
UNITED STATES MARSHALS SERVICE
WITHOUT PREPAYMENT OF COSTS

v.
KERN COUNTY, et al.,

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Defendants.
/

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The Court previously found service of the third amended complaint appropriate.
Accordingly, pursuant to Federal Rule of Civil Procedure 4(c), it is HEREBY ORDERED that:
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For each defendant to be served, the Clerk of the Court is directed to forward the

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following documents to the United States Marshals Service:

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(1)

One completed and issued summons;

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(2)

One completed USM-285 form;

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(3)

One copy of the third amended complaint filed on October 10, 2010, plus an

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extra copy for the Marshals Service; and

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(4)
2.

One copy of this order, plus an extra copy for the Marshals Service.

Within ten (10) days from the date of this order, the Marshals Service is directed to

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notify the following defendants of the commencement of this action and to request

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a waiver of service in accordance with the provisions of Fed. R. Civ. P. 4(d) and 28

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U.S.C. § 566(c):

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Glen Brown

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Sally Rockholt

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San Felipe Boys Home

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The City of Bakersfield

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The County of Kern

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3.

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The Marshals Service shall file returned waivers of service as well as any requests
for waivers of service that are returned as undelivered as soon as they are received.

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4.

If a waiver of service is not returned by a defendant within sixty (60) days of the date

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of mailing the request for waiver, the Marshals Service shall:

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a.

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Personally serve process and a copy of this order upon the defendant pursuant
to Rule 4 of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c);

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b.

Within ten (10) days after personal service is effected, the Marshals Service

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shall file the return of service for the defendant, along with evidence of any

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attempts to secure a waiver of service of process and of the costs

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subsequently incurred in effecting service on said defendant. Said costs shall

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be enumerated on the USM-285 form and shall include the costs incurred by

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the Marshals Service for photocopying additional copies of the summons and

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complaint and for preparing new USM-285 forms, if required. Costs of

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service will be taxed against the personally served defendant in accordance

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with the provisions of Fed. R. Civ. P. 4(d)(2).

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5.

If defendants waive service, they are required to return the signed waivers to

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the Marshals Service. The filing of an answer or a responsive motion does not

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relieve defendants of this requirement, and the failure to return the signed

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waivers may subject defendants to an order to pay the costs of service pursuant

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to Fed. R. Civ. P. 4(d)(2).

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6.

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In the event that defendants either waive service or are personally served, defendants
are required to reply to the complaint. 42 U.S.C. § 1997e(g)(2).

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IT IS SO ORDERED.

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Dated:
ie14hj

July 15, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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