Hollis v. York et al

Filing 69

ORDER REQUIRING Defendant Calvert to Pay to the United States Marshal the Costs Incurred in Effecting Service 63 , 65 , 66 , 68 TWENTY DAY DEADLINE, signed by Magistrate Judge Barbara A. McAuliffe on 5/15/12: Defendant Calvert shall pay to the United States Marshal the sum of $55.51. (cc via email: USM-Sacramento)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL EUGENE HOLLIS,

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Plaintiff,

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v.

CASE NO. 1:09-cv-00463-AWI-BAM PC
ORDER REQUIRING DEFENDANT
CALVERT TO PAY TO THE UNITED
STATES MARSHAL THE COSTS INCURRED
IN EFFECTING SERVICE

RUSSELL YORK, et al.,
(ECF Nos. 63, 65, 66, 68)

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Defendants.
/ TWENTY DAY DEADLINE

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Plaintiff Michael Eugene Hollis (“Plaintiff”) is a federal prisoner proceeding pro se and in

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forma pauperis in this civil action pursuant to and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. On April 27, 2012, the United States Marshal filed a request for

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reimbursement for the cost of effecting personal service on Defendant Calvert. On May 3, 2012, an

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order issued providing Defendant Calvert with the opportunity to show good cause for his failure to

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waive service. On May 14, 2012, Defendant Calvert filed a statement of non-opposition to the

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imposition of costs.

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Rule 4 provides that “[a]n individual, corporation, or association that is subject to service

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under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving the summons.” Fed.

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R. Civ. P. 4(d)(1). “If a defendant located within the United States fails, without good cause, to sign

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and return a waiver requested by a plaintiff located within the United States, the court must impose

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on the defendant . . . the expenses later incurred in making service . . . .” Fed. R. Civ. P. 4(d)(2)(A).

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Defendant Calvert was given the opportunity to show good cause for failing to waive service

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as required by Rule 4(d)(1) and Defendant Calvert does not oppose the imposition of costs.
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Defendant has not shown good cause for failing to waive service. The costs incurred by the Marshal

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in effecting service shall therefore be imposed on Defendant.

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Accordingly, IT IS HEREBY ORDERED that:

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pay to the United States Marshal the sum of $55.51;

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2.

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3.

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The Clerk of the Court is directed to serve a copy of this order on the U.S.
Marshal, Sacramento, California; and

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Within twenty (20) days from the date of this order, Defendant Calvert shall

The Clerk of the Court is directed to serve a copy of this order on Defendant
Calvert.

IT IS SO ORDERED.
Dated:
10c20k

May 15, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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