Meadows v. Reeves, et al.

Filing 49

ORDER DISCHARGING 47 Order to Show Cause and DIRECTING U.S. Marshal to Serve Defendant signed by Magistrate Judge Sandra M. Snyder on 4/15/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHANN MEADOWS,

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Case No. 1:11-cv-00257-SMS

Plaintiff,

ORDER DISCHARGING
ORDER TO SHOW CAUSE
AND DIRECTING U.S. MARSHAL
TO SERVE DEFENDANT

Defendant.

(Doc. 47)

v.
DR. REEVES,

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Plaintiff Michann Meadows is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983. On March 27, 2014, the Court entered an order

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to show cause why this case should not be dismissed without prejudice in light of the U.S. Marshals
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inability to locate Defendant Reeves. Plaintiff responded on April 8, 2014, urging the Court not to

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dismiss her case, although she was unable to provide an updated address for Defendant. Thereafter,

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however, personnel of the California Attorney General, as counsel for the California Department of

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Corrections and Rehabilitation, identified a more recent address for Defendant, of which it has

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notified the U.S. Marshal. Accordingly, the Court discharges the order to show cause entered March

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26, 2014.

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In cases involving a plaintiff proceeding in forma pauperis, a United States Marshal, upon
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order of the Court, shall serve the summons and complaint. F.R.Civ.P. 4(c)(3). "[A]n incarcerated
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pro se plaintiff proceeding in forma pauperis is entitled to rely on the U.S. Marshal for service of the

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summons and complaint and . . . should not be penalized by having his action dismissed for failure

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to effect service where the U.S. Marshal or the court clerk has failed to perform his duties." Walker

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v. Sumner, 14 F.3d 1415, 1422 (9th Cir. 1994) (quoting Puett v. Blandford, 912 F.2d 270, 275 (9th

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Cir. 1990)), abrogated on other grounds by Sandin v. Connor, 515 U.S. 472 (1975). Accordingly,

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the Court directs the U.S. Marshals Service to attempt service on Defendant at the address identified

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by the California Attorney General as Defendant's last known address.
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Accordingly, the Court hereby ORDERS:
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discharged.

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The Order to Show Cause filed by the Court on March 27, 2014, is hereby

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Within ten (10) days of this order, the Marshals Service is directed to
notify Defendant Ernest Reeves, M.D., of the commencement of this

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action and to request waiver of service in accordance with the provisions

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of F.R.Civ.P. 4(d) and 28 U.S.C. § 566(c).

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3.

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

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

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they are received.

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4.

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If Defendant does not return a waiver of service within sixty (60) days of
the date of mailing the request for waiver, the Marshals Service shall:

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a.

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

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pursuant to Rule 4 of the Federal Rules of Civil Procedure and 28 U.S.C. §

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566(c), and shall command all necessary assistance from the CDCR to

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execute this order. The Marshals Service shall maintain the

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confidentiality of all information provided by CDCR pursuant to this

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order. In executing this order, the Marshals Service shall contact the
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Legal Affairs Division of CDCR and request the assistance of a Special

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Investigator, as necessary.

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b.

Within ten (10) days after personal service is effected, the Marshals

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

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

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costs subsequently incurred in effecting service on Defendant Reeves.

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The costs shall be enumerated on the USM-285 form and shall include the
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costs incurred by the Marshals Service for photocopying additional copies

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of the summons and complaint and for preparing new USM-285 forms, if

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required. Costs of service will be taxed against the personally served

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defendant in accordance with the provisions of F.R.Civ.P. 4(d)(2).

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5.

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If Defendant waives service, he is required to return the signed waiver to
the Marshals Service. The filing of an answer or responsive motion does

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not relieve Defendant of this requirement. The failure to return the signed

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waiver may subject Defendant to an order to pay the costs of service

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pursuant to F.R.Civ.P. 4(d)(2).

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6.

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Whether Defendant waives service or is personally served, he is required
to reply to the complaint. 42 U.S.C. § 1997e (g)(2).

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The Clerk of Court is directed to serve a copy of this order on the U.S.

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Marshal Service.
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IT IS SO ORDERED.
Dated:

April 15, 2014

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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