Misko v. Sullivan et al
Filing
43
THIRD ORDER Directing Service By The United States Marshals Service Without Prepayment Of Costs, signed by Magistrate Judge Barbara A. McAuliffe on 9/23/2013. (Fahrney, E)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
JOHN T. MISKO,
12
13
14
15
16
17
Plaintiff,
v.
WILLIAM SULLIVAN, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
Case No.: 1:10-cv-00713-BAM PC
THIRD ORDER DIRECTING
SERVICE BY THE UNITED STATES
MARSHALS SERVICE WITHOUT
PREPAYMENT OF COSTS
Plaintiff John T. Misko (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
18
in this civil rights action pursuant to 42 U.S.C. § 1983. This action now proceeds on Plaintiff’s
19
amended complaint filed on December 27, 2010, against Defendants Cleinlin, Priest, Williams and
20
Tate for deliberate indifference in violation of the Eighth Amendment.
21
Service was returned un-executed as to Defendant Cleinlin after the Marshal was informed that
22
there was no record of this Defendant’s employment with the California Department of Corrections
23
and Rehabilitation (“CDCR”). Service was returned un-executed as to Defendant Williams after the
24
United States Marshal was informed that this person was not employed and could not be located after
25
a search of CDCR’s records. Plaintiff subsequently has provided the Court will a document
26
containing additional information that provides a corrected name for Defendant Cleinlin as X. Ceiline
27
and provides additional information to identify Defendant Williams. The Marshal shall attempt re-
28
service with this additional information, and the Clerk’s Office shall provide the Marshal with a
1
1
copy of the document filed by Plaintiff on September 20, 2013 to help locate and serve these
2
defendants.
3
Accordingly, pursuant to Federal Rule of Civil Procedure 4(c), it is HEREBY ORDERED that:
4
1.
5
The Clerk of the Court is directed to forward the following documents to the United
States Marshals Service:
6
(1)
Two completed and issued summons;
7
(2)
Two completed USM-285 form;
8
(3)
Two copies of the complaint filed on December 27, 2010, plus an extra copy for
9
the Marshals Service;
10
(4)
One copy of this order, plus an extra copy for the Marshals Service;
11
(5)
Two copies of the Court’s consent form; and
12
(6)
One copy of Plaintiff’s filing on September 20, 2013.
13
2.
Within ten days from the date of this order, the Marshals Service is directed to notify
14
the following defendants of the commencement of this action and to request a waiver of service in
15
accordance with the provisions of Fed. R. Civ. P. 4(d) and 28 U.S.C. § 566(c):
16
X. Ceiline
17
C. Williams
18
19
20
21
22
23
24
3.
The Marshals Service is directed to retain the summons and a copy of the complaint in
its file for future use.
4.
The Marshals Service shall file the returned waiver of service, or the request for waiver
of service if returned as undelivered, as soon as it is received.
5.
If a waiver of service is not returned by the defendants within sixty days of the date of
mailing the request for waiver, the Marshals Service shall:
a.
Personally serve process and a copy of this order upon the defendant pursuant to
25
Rule 4 of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c), and shall command all
26
necessary assistance from CDCR to execute this order. The Marshals Service shall maintain
27
the confidentiality of all information provided by the CDCR pursuant to this order. In
28
executing this order, the Marshals Service shall contact the Legal Affairs Division of CDCR
2
1
and request the assistance of a Special Investigator if the Litigation Office at the institution is
2
unable to assist in identifying and/or locating the defendants.
b.
3
Within ten days after personal service is effected, the Marshals Service shall file
4
the return of service for the defendant, along with evidence of any attempts to secure a waiver
5
of service of process and of the costs subsequently incurred in effecting service on said
6
defendant. Said costs shall be enumerated on the USM-285 form and shall include the costs
7
incurred by the Marshals Service for photocopying additional copies of the summons and
8
complaint and for preparing new USM-285 forms, if required. Costs of service will be taxed
9
against the personally served defendant in accordance with the provisions of Fed. R. Civ. P.
10
4(d)(2).
11
6.
12
In the event that a defendant either waives service or is personally served, the defendant
is required to reply to the complaint. 42 U.S.C. § 1997e(g)(2).
13
14
15
16
IT IS SO ORDERED.
Dated:
/s/ Barbara
September 23, 2013
A. McAuliffe
_
UNITED STATES MAGISTRATE JUDGE
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?