Bobby James Williams v. Hickman, Et Al.

Filing 22

ORDER Directing the Clerk of the Court to Forwrd Service Documents to the U.S. Marshal signed by District Judge G. Murray Snow on 2/13/2009. (Figueroa, O)

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SC

I N THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA

Bobby James Williams, Plaintiff, vs. R o d e ric k Hickman, et al., Defendants.

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N o . CV 1-05-01649-GMS ORDER

In a January 30, 2009 Order (doc.# 20), the Court gave Plaintiff 30 days to complete a n d return to the Clerk of Court a Notice of Submission of Documents and submit with the N o tic e a copy of the Second Amended Complaint, a copy of the Court's January 30, 2009 O rd e r, a completed summons for each Defendant, and a completed USM-285 for each D e f e n d a n t. Plaintiff has returned the required papers. A c c o r d i n g l y, IT IS ORDERED: (1) T h e Clerk of Court must send to the United States Marshal: (a ) a copy of the Second Amended Complaint for each Defendant to be served, a copy of the Court's January 30, 2009 Order for each D e f en d a n t to be served, a completed and issued summons for each Defendant to be s e rv e d , a completed USM-285 for each Defendant to be served, and

(c )

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(e) (2 )

a copy of this Order.

If Plaintiff does not either obtain a waiver of service of the summons or

c o m p lete service of the Summons and Second Amended Complaint on a Defendant within 1 2 0 days of the filing of this Order, the action may be dismissed as to each Defendant not serv ed . Fed. R. Civ. P. 4(m). (3 ) The United States Marshal must retain the Summonses, USM-285 forms, a

c o p y of the Second Amended Complaint, a copy of the Court's January 30, 2009 Order, and a copy of this Order for future use. (4) Within 10 days of the date this Order is filed, the United States Marshal must

n o tif y Defendants of the commencement of this action and request waiver of service of the su m m o n s pursuant to Rule 4(d) of the Federal Rules of Civil Procedure. The notice to D e f e n d a n ts must include a copy of this Order and the Court's January 30, 2009 Order. (5) T h e United States Marshal must immediately file requests for waivers that were

re tu rn e d as undeliverable and waivers of service of the summons. (6) If a waiver of service of summons is not returned by a Defendant within 60

d a ys from the date the request for waiver was sent by the United States Marshal, the Marshal m u st: (a ) personally serve copies of the Summons, the Second Amended Complaint, th e Court's January 30, 2009 Order, and this Order upon Defendant pursuant to Rule 4 (e)(2 ) of the Federal Rules of Civil Procedure, and shall command all necessary a s s is ta n c e from the California Department of Corrections and Rehabilitation (CDCR) to execute this Order. The United States Marshal must maintain the confidentiality o f all information provided by the CDCR pursuant to this Order. (b ) within 10 days after personal service is effected, file the return of service f o r Defendant, along with evidence of the attempt to secure a waiver of service of the su m m o n s and of the costs subsequently incurred in effecting service upon Defendant. T h e costs of service must be enumerated on the return of service form (USM-285) and -2-

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m u s t include the costs incurred by the Marshal for photocopying additional copies of th e Summons, Second Amended Complaint, the January 30, 2009 Order, or this Order a n d for preparing new process receipt and return forms (USM-285), if required. Costs o f service will be taxed against the personally served Defendant pursuant to Rule 4 (d )(2 ) of the Federal Rules of Civil Procedure, unless otherwise ordered by the C o u rt. (7 ) A Defendant who agrees to waive service of the Summons and Second

A m e n d e d Complaint must return the signed waiver forms to the United States Marshal, n o t the Plaintiff. (8) Defendants must answer the Second Amended Complaint or otherwise respond

b y appropriate motion within the time provided by the applicable provisions of Rule 12(a) o f the Federal Rules of Civil Procedure. (9) Any answer or response must state the specific Defendant by name on whose

b e h a lf it is filed. The Court may strike any answer, response, or other motion or paper that d o e s not identify the specific Defendant by name on whose behalf it is filed. D A T E D this 13 th day of February, 2009.

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