Chick v. Lacey et al

Filing 37

ORDER DISCHARGING 33 Order to Show Cause and DENYING 27 Request for Reimbursement signed by Magistrate Judge Dennis L. Beck on 4/1/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WAYNE CHICK,

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Plaintiff,
vs.
B. A. LACEY, et al.,
Defendants.

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1:11cv01447 DLB PC
ORDER DISCHARGING ORDER TO
SHOW CAUSE AND DENYING
REQUEST FOR REIMBURSEMENT
(Documents 27, 33)

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Plaintiff Wayne Chick (“Plaintiff”), a state prisoner proceeding pro se and in forma
pauperis, filed this civil rights action filed on August 29, 2011.
On February 27, 2014, the Court provided Defendant Wattle with an opportunity to
respond to the United States Marshal’s request for reimbursement for personal service.
Defendant Wattle provided a response on March 27, 2014. Having reviewed the

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response, the Court finds that Defendant Wattle has demonstrated good cause for failing to return
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the waiver. According to the declarations submitted in support of the response, the Litigation
Coordinator at Sierra Conservation Center received a mailing from the Marshal that included
service documents for Defendant Lacey only. Von Savoye Decl. ¶ 2. In an effort to avoid
personal service, on October 14, 2013, an assistant to Defendant’s counsel emailed a
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representative from the Marshal’s office to confirm whether or not a service package was sent as
to Defendant Wattle. Brodbeck Decl. ¶ 2. The Marshal did not respond to the inquiry and
assigned personal service on January 9, 2014.

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It therefore appears that Defendant Wattle did not receive the service packet. Moreover,

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the Marshal moved forward with personal service despite an earlier attempt on behalf of
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Defendant Wattle to remedy the situation. The Court finds that demonstrates good cause for
failing to return the waiver under Rule 4(d)(2)(A).
Accordingly, the Court DISCHARGES the order to show cause and DENIES the United

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States Marshal’s request for reimbursement.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

April 1, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

3b142a

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