Steve Wilhelm v. Enenmoh et al

Filing 44

ORDER REQUIRING Defendants to Reimburse United States Marshals Service 39 , 42 signed by Magistrate Judge Dennis L. Beck on 3/1/12: Defendants Enenmoh, Walker and Miller are to reimburse the United State Marshals Service for the expenses of effecting personal service. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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STEVE WILHELM,

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CASE NO. 1:10-CV-01663-LJO-DLB PC
Plaintiff,

ORDER REQUIRING DEFENDANTS TO
REIMBURSE UNITED STATES
MARSHALS SERVICE

v.
ANTHONY ENENMOH, et al.,

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(DOCS. 39, 42)

Defendants.

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/

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Plaintiff Steve Wilhelm (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding

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against Defendants Anthony Enenmoh, J. Walker, Rotman, and G. Miller for deliberate

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indifference to a serious medical need in violation of the Eighth Amendment.1 On January 13,

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2012 and January 20, 2012, the United States Marshal returned the USM-285 forms and the

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executed waivers of service. Docs. 38, 40, 41. On January 13, 2012 and January 20, 2012, the

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Marshal also filed a request for reimbursement for personal service pursuant to Rule 4(d)(2) of

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the Federal Rules of Civil Procedure. Docs. 39, 42.

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Pursuant to Rule 4(d)(2), “If a defendant located within the United States fails, without

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good cause, to sign and return a waiver [of service] requested by a plaintiff located within the

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United States, the court must impose on the defendant . . . the expenses later incurred in making

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Defendant Rotman has not been served or appeared in this action.
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service.” Fed. R. Civ. P. 4(d)(2). Here, Defendants Enenmoh, Walker, and Miller appeared in

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this action by filing an answer but failed to sign and return a waiver of service. The United State

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Marshal then personally served the three Defendants. There does not appear to be good cause for

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Defendants’ failure to return a signed waiver of service, in light of the Federal Rules of Civil

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Procedure and the Court’s September 23, 2011 Order, which explicitly warned Defendants that

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filing an answer or responsive motion does not relieve them of the requirement of returning a

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signed waiver. Order ¶ 5, Doc. 25.

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Accordingly, it is HEREBY ORDERED that Defendants Enenmoh, Walker, and Miller

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are to reimburse the United State Marshals Service for the expenses of effecting personal service.

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The reimbursement amount is enumerated on the Marshal’s Memoranda, dated January 13, 2012

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and January 20, 2012, and docketed at Court Docket Nos. 39 and 42.

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IT IS SO ORDERED.

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Dated:
3b142a

March 1, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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