McCullough v. Fresno Police Department

Filing 21

ORDER Directing Service By The United States Marshals Service Without Prepayment Of Costs, signed by Magistrate Judge Michael J. Seng on 9/13/2012.(Service Deadline: 11/19/2012) (Fahrney, E)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8
EASTERN DISTRICT OF CALIFORNIA
9
10

DAWN McCULLOUGH,
Plaintiff,

11

ORDER DIRECTING SERVICE BY THE
UNITED STATES MARSHALS SERVICE
WITHOUT PREPAYMENT OF COSTS

v.

12
13

CASE NO. 1:10-cv-2295-AWI-MJS

FRESNO POLICE DEPARTMENT, et al.,

14
Defendants.
/

15
16

The Court previously found service of the First Amended Complaint appropriate.
17
Accordingly, pursuant to Federal Rule of Civil Procedure 4(c), it is HEREBY ORDERED
18
that:
19
1.

For each Defendant to be served, the Clerk of the Court is directed to

20
forward the following documents to the United States Marshals Service:
21
(1)

One completed and issued summons;

(2)

One completed USM-285 form;

(3)

One copy of the First Amended Complaint filed on May 2, 2011, plus

22
23
24
an extra copy for the Marshals Service; and
25
(4)

One copy of this order, plus an extra copy for the Marshals Service.

26
2.

Within ten days from the date of this order, the Marshals Service is directed

27
to notify the following Defendant of the commencement of this action and to
28
1

1

request a waiver of service in accordance with the provisions of Fed. R. Civ.

2

P. 4(d) and 28 U.S.C. § 566(c):
K. Yambupah

3
3.

4

The Marshals Service shall file returned waivers of service as well as any

5

requests for waivers of service that are returned as undelivered as soon as

6

they are received.
4.

7

If a waiver of service is not returned by Defendant within sixty days of the

8

date of mailing the request for waiver, the Marshals Service shall:

9

a.

Personally serve process and a copy of this order upon the Defendant

10

pursuant to Rule 4 of the Federal Rules of Civil Procedure and 28

11

U.S.C. § 566(c).
b.

12

Within ten days after personal service is effected, the Marshals

13

Service shall file the return of service for the Defendant, along with

14

evidence of any attempts to secure a waiver of service of process and

15

of the costs subsequently incurred in effecting service on said

16

defendant. Said costs shall be enumerated on the USM-285 form

17

and shall include the costs incurred by the Marshals Service for

18

photocopying additional copies of the summons and complaint and for

19

preparing new USM-285 forms, if required. Costs of service will be

20

taxed against the personally served Defendant in accordance with the

21

provisions of Fed. R. Civ. P. 4(d)(2).
5.

22

If Defendant waives service, he is required to return the signed waiver

23

to the Marshals Service. The filing of an answer or a responsive motion

24

does not relieve Defendant of this requirement, and the failure to return

25

the signed waivers may subject Defendant to an order to pay the costs

26

of service pursuant to Fed. R. Civ. P. 4(d)(2).

27

///

28

///
2

6.

1

In the event that Defendant either waives service or is personally served,

2

Defendant is required to reply to the First Amended Complaint. Fed. R. Civ.

3

P. 12(a)(1).

4
5
6
7

IT IS SO ORDERED.

8

Dated:
ci4d6

September 13, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3