Robert Rodriguez v. Police Dog Kubo et al
Filing
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ORDER denying 17 Request for reimbursement by the U.S. Marshal signed by Magistrate Judge Dennis L. Beck on 1/26/2012. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ROBERT RODRIGUEZ,
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Plaintiff,
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CASE NO. 1:11-CV-01371 LJO DLB
ORDER DENYING UNITED STATES
MARSHAL’S REQUEST FOR
REIMBURSEMENT
v.
OFFICER TUSHNET,
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(Doc. 17)
Defendant.
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I.
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Procedural History
Plaintiff is a county jail inmate proceeding pro se and in forma pauperis in this civil rights
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action pursuant to 42 U.S.C. § 1983. The United States Marshal (“Marshal”) was directed to
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serve process on Defendant Officer Tushnet pursuant to Federal Rule of Civil Procedure 4. Doc.
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10. Pending before the Court is the Marshal’s request for reimbursement of costs for effecting
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personal service on Defendant Tushnet. Doc. 17. On January 25, 2012, Defendant filed his
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response to the Marshal’s request. Doc. 19.
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II.
Discussion
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Rule 4(d) of the Federal Rules of Civil Procedure provides in part:
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An individual, corporation, or association that is subject to service under Rule
4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving the summons
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If a defendant located within the United States fails, without good cause, to sign
and return a waiver requested by a plaintiff located within the United States, the
court must impose on the defendant . . . the expenses later incurred in making
service.
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Here, the Marshal requests that the Court impose costs on Defendant for his failure to
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avoid unnecessary expenses.
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On January 13, 2012, the Marshal filed a USM-285 form indicating that a Waiver of
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Service form was mailed to Defendant Tushnet on October 14, 2011. Personal service was
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effected on January 4, 2012 with costs of $61.12.
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Defendant Tushnet contends that he appeared in this action on November 10, 2011, by
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filing an answer. See Answer Doc. 12. Defendant contends that the Marshal unnecessarily
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duplicated service after Defendant had already appeared in the matter. Pursuant to the Court’s
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order directing the United States Marshal to effect service, “[i]n the event that defendant makes
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an appearance in this action by filing an answer, dispositive motion, or other pleading, the U.S.
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Marshal[’s] Service need not personally serve that defendant.” See October 4, 2011 Order ¶ 6,
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Doc. 10. Accordingly, the Court will not impose costs of personal service on Defendant
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Tushnet.
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III.
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Conclusion And Order
Based on the foregoing, it is HEREBY ORDERED that the United States Marshal’s
request for reimbursement filed on January 13, 2012 is DENIED.
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IT IS SO ORDERED.
Dated:
3b142a
January 26, 2012
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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