Chavez v. Yates et al

Filing 65

ORDER Requiring Defendant Kushner to Pay United States Marshals Office $120.00 within Fifteen Days, and Directing Clerk's Office to Serve Order on Marshals Office re 63 Order to Show Cause, signed by Magistrate Judge Sheila K. Oberto on 07/15/14. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL CHAVEZ,
Plaintiff,

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v.

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JAMES YATES, et al.,

Case No. 1:09-cv-01080-AWI-SKO (PC)
ORDER REQUIRING DEFENDANT
KUSHNER TO PAY UNITED STATES
MARSHALS OFFICE $120.00 WITHIN
FIFTEEN DAYS, AND DIRECTING
CLERK’S OFFICE TO SERVE ORDER ON
MARSHALS OFFICE

Defendants.

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(Doc. 63)
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_____________________________________/
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On May 27, 2014, the United States Marshals Office filed (1) a USM-285 form for

18 Defendant Kushner certifying that he was personally served on April 7, 2014, and (2) a request for
19 reimbursement of the $120.00 expense incurred in effecting personal service. Fed. R. Civ. P.
20 4(d)(2)(A). (Docs. 59, 60.)
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On June 23, 2014, the Court provided Defendant Kushner fifteen days within which to

22 show good cause for failing to waive service of process. Fed. R. Civ. P. 4(d)(2)(A). Defendant
23 Kushner was warned that if (1) he failed to respond to the order or (2) he responded but failed to
24 show good cause, he would be required to reimburse the United States Marshals Office $120.00
25 for the expense incurred in effecting personal service. Id.
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The deadline to respond to the Court’s order was July 11, 2014, and Defendant Kushner

27 failed to file a response. Fed. R. Civ. P. 6(a), (d).
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Accordingly, the Court HEREBY ORDERS as follows:

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1.

Within fifteen (15) days from the date of service of this order, Defendant Kushner

3 shall reimburse the Sacramento Division of the United States Marshals Office $120.00 for the
4 expense incurred in effecting personal service; and
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2.

The Clerk’s Office shall serve a courtesy copy of this order on Daniel Bietz at the

6 Sacramento Division of the United States Marshals Office.
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IT IS SO ORDERED.
Dated:

July 15, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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