Lamon v. Junious et al

Filing 53

ORDER REQUIRING Defendant M. Talisman to File a Response to the Marshal's Request for Reimbursement of Costs of Service signed by Magistrate Judge Barbara A. McAuliffe on 7/16/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BARRY LOUIS LAMON,

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Plaintiff,

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v.

Case No. 1:09-cv-00484-SAB (PC)
ORDER REQUIRING DEFENDANT M.
TALISMAN TO FILE A RESPONSE TO THE
MARSHAL’S REQUEST FOR
REIMBURSEMENT OF COSTS OF SERVICE

MAURICE JUNIOUS, et al.,
(ECF No. 51)

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Defendants.

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Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. Following remand from the Ninth Circuit, this action is proceeding

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on Plaintiff’s first amended complaint against Defendants Maguass, Talisman, Cohen, Barda, and

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Osborne for retaliation in violation of the First Amendment. (ECF No. 31.) On March 5, 2013,

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an order issued directing the United States Marshal (“Marshal”) to serve process upon the

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defendants in this action. (ECF No. 39.) The Marshal was directed to attempt to secure a waiver

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

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returned within sixty days, the Marshal was directed to effect personal service on the defendants

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in accordance with the provisions of Rule 4 of the Federal Rule of Civil Procedure, without

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prepayment of costs, and to file the return of service with evidence of any attempt to secure a

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waiver of service and with evidence of all costs subsequently incurred in effecting personal

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service.
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On July 15, 2013, the Marshal filed a request for a court order requiring Defendant M.

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Talisman to reimburse the costs incurred by the Marshal for personal service (“Marshal’s

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Request”), pursuant to Rule 4(d)(2) of the Federal Rules of Civil Procedure. (ECF No. 51.) The

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United States Marshal also filed a return of service with a USM-285 form showing total charges

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of $141.10 for effecting personal service on Defendant Talisman. The form shows that a waiver

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of service was mailed to Defendant Talisman on March 12, 2013. Having received no response

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personal service was assigned on May 14, 2013. The complaint was served on May 21, 2013.

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(ECF No. 52.)

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Rule 4(d)(1) of the Federal Rules of Civil Procedure provides in part that an individual

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“that is subject to service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of

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serving the summons.”

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If a defendant located within the United States fails, without good
cause, to sign and return a waiver requested by a plaintiff located
within the United States, the court must impose on the defendant:

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(A) the expenses later incurred in making service. . . .

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

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Accordingly, IT IS HEREBY ORDERED that:

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shall file a written response to the Marshal’s Request, filed on July 15, 2013; and

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Within twenty days from the date of service of this order, Defendant Talisman

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Defendant’s failure to comply with this order shall result in an order requiring
Defendant Talisman to reimburse the Marshal for costs of personal service.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 16, 2013

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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