Ransom v. Department of Corrections & Rehabilitations, et al.

Filing 38

ORDER Providing Defendant Dhah Opportunity to SHOW GOOD CAUSE for Failing to Waive Service, signed by Magistrate Judge Michael J. Seng on 2/9/15: Thirty (30) Day Deadline. (Hellings, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

14

ORDER PROVIDING DEFENDANT DHAH
OPPORTUNITY TO SHOW GOOD
CAUSE FOR FAILING TO WAIVE
SERVICE

Plaintiff,

12
13

Case No. 1:11-cv-00068-AWI-MJS (PC)

BRYAN E. RANSOM,

v.
DEPARTMENT OF CORRECTIONS AND
REHABILITATION, et al.,

(ECF No. 36)

15

THIRTY (30) DAY DEADLINE
Defendants.

16
17
18
19
20

On May 16, 2014, the Court ordered the United States Marshal to serve process

21 upon the defendants in this case. The Marshal was directed to attempt to secure a
22 waiver of service before attempting personal service on the defendants. If a waiver of
23 service was not returned by a defendant within sixty days, the Marshal was directed to
24 effect personal service on the defendant in accordance with the provisions of Rule 4 of
25 the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c), without prepayment of
26 costs, and to file the return of service with evidence of any attempt to secure a waiver of
27 service and with evidence of all costs subsequently incurred in effecting personal
28 service.
1

1

On November 24, 2014 the United States Marshal filed a return of service with a

2 USM-285 form showing charges of $86.83 for effecting personal service on Defendant
3 Dhah. The form shows that a waiver of service form was mailed to Defendant Dhah on
4 May 28, 2014. Apparently, no response was received and the summons was assigned
5 for personal service on November 13, 2014.
6

Rule 4 provides that “[a]n individual, corporation, or association that is subject to

7 service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving
8 the summons.” Fed. R. Civ. P. 4(d)(1). “If a defendant located within the United States
9 fails, without good cause, to sign and return a waiver requested by a plaintiff located
10 within the United States, the court must impose on the defendant . . . the expenses later
11 incurred in making service . . . .” Fed. R. Civ. P. 4(d)(2)(A).
12

It appears that Defendant Dhah was given the opportunity required by Rule

13 4(d)(1) to waive service, but failed to comply with the request. The Court shall provide
14 Defendant with the opportunity to show good cause for failing to waive service. If
15 Defendant either fails to respond to this order or responds but fails to show good cause,
16 the costs incurred in effecting service shall be imposed on Defendant.
17

Accordingly, IT IS HEREBY ORDERED that:

18

1.

Defendant Dhah may, within thirty (30) days from the date of this

19 order, show good cause for failing to waive service; and
2.

20

If Defendant either fails to respond to this order or responds but

21 fails to show good cause, the Court shall impose upon Defendant Dhah the costs
22 incurred in effecting service.
23
24
25

IT IS SO ORDERED.
Dated:

February 9, 2015

/s/

26

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

27
28
2

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3