Coleman v. Adams, et al.

Filing 110

ORDER Denying Without Prejudice Reimbursment Costs Of U.S. Marshal Personal Service Fees (ECF Nos. 104 , 105 ), signed by Magistrate Judge Stanley A. Boone on 5/22/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SAAHDI COLEMAN,

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Plaintiff,
v.
A. QUEZADA, et al.,

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Defendants.

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Case No.: 1:06-cv-00836-AWI-SAB (PC)
ORDER DENYING WITHOUT PREJUDICE
REIMBURSMENT COSTS OF U.S. MARSHAL
PERSONAL SERVICE FEES
[ECF Nos. 104, 105]

Plaintiff Saahdi Coleman is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On September 12, 2012, the Court ordered the United States Marshal to re-initiate service of

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process on Defendant Adrian Quezada. The Marshal was directed to attempt to secure a waiver of

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service before attempting personal service on the defendants. If a waiver of serve was not returned by

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a defendant within sixty days, the Marshal was directed to effect personal service on the defendant in

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accordance with the provisions of Rule 4 of the Federal Rules of Civil Procedure and 28 U.S.C. §

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566(c), without prepayment of costs, and to file the return of service with evidence of any attempt to

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secure a waiver of service and with evidence of all costs subsequently incurred in effective personal

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service.

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On April 7, 2014, the United States Marshal filed a return of service with a USM-285 form

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demonstrating that personal service was effectuated on Defendant A. Quezada on April 4, 2014, and

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on this same date, a separate request for reimbursement of costs. However, the USM-285 form did not

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include the total cost of the service fees for effecting personal service on A. Quezada.

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Accordingly,

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IT IS HEREBY ORDERED that the U.S. Marshals’ request for reimbursement of the service

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costs is DENIED without prejudice.

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IT IS SO ORDERED.
Dated:

May 22, 2014
UNITED STATES MAGISTRATE JUDGE

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