Zavala v. Rios et al

Filing 38

ORDER Notifying Plaintiff that Service of Process Does Not Comply With Fed. R. Civ.P.4 re 37 , signed by Magistrate Judge Barbara A. McAuliffe on 7/24/12. Ten-Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RAUL SANCHEZ ZAVALA,

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CASE NO. 1:09-cv-00679-BAM PC

Plaintiff,

ORDER NOTIFYING PLAINTIFF THAT
SERVICE OF PROCESS DOES NOT COMPLY
WITH FED. R. CIV. P. 4

v.
HECTOR RIOS, et al.,

(ECF No. 37)

Defendants.

TEN-DAY DEADLINE
/

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Plaintiff Raul Sanchez Zavala (“Plaintiff”) is a federal prisoner proceeding in forma pauperis

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in this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of

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Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971), which provides a remedy for violation of civil rights

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by federal actors. On June 29, 2012, a proof of service was filed stating that service documents had

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been served on Senior Counsel of the Federal Bureau of Prisons.

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At the time this action was opened, the Bureau of Prisons Regional Counsel, Litigation

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Coordinator, and United States Attorney’s Office were added as counsel of record for administrative

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reasons, which has caused confusion in this action. No defendant has made an appearance in this

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action, therefore upon review of the record there is no evidence that service in compliance with

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Federal Rule of Civil Procedure 4 has been effected.

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When serving an employee of the United States sued in his individual capacity, plaintiff is

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required to serve a copy of the summons and complaint on the United States and on the employee.

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Fed. R. Civ. P. 4(i)(3). Plaintiff’s proof of service does not show that the employee has been served

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in compliance with Rule 4(i)(3) In this instance, Plaintiff is proceeding in forma pauperis and is
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entitled to service of process by the United States Marshal.

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Accordingly, it is HEREBY ORDERED that within ten days from the date of service of this

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order, counsel for Plaintiff shall notify the Court if he intends to effect service of process on

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Defendant or if he wants the United States Marshal to effect service of process.

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IT IS SO ORDERED.
Dated:
cm411

July 24, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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