Lanier v. Clovis Unified School District

Filing 9

ORDER Directing Service By The United States Marshal Without Prepayment Of Costs, signed by Magistrate Judge Gary S. Austin on 12/22/2011. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES M. LANIER,
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Plaintiff,
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v.
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CLOVIS UNIFIED SCHOOL DISTRICT,
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Defendant.
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_____________________________________ )

1:11-cv-01613 LJO GSA
ORDER DIRECTING SERVICE BY THE
UNITED STATES MARSHAL WITHOUT
PREPAYMENT OF COSTS

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Plaintiff James M. Lanier is proceeding in forma pauperis pursuant to Title 42 of the

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United States Code section 2000d. The court previously ordered Plaintiff to provide information

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for service of process on form USM-285, sufficient copies of the complaint for service, and a

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notice of compliance. Plaintiff has filed the required papers. Accordingly, IT IS HEREBY

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ORDERED that:

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1.

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The Clerk of the Court is directed to forward the following documents to the
United States Marshal:
(1)

One completed and issued summons for each defendant to be
served;

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(2)

One completed USM-285 form for each defendant to be served;

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(3)

One copy of the complaint filed on September 23, 2011, for each

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defendant to be served, plus an extra copy for the Marshal;

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(4)

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extra copy for the Marshal;

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(5)

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One copy of this order for each defendant to be served, plus an

One copy of the court’s consent form for each defendant to be
served.

2.

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Within ten days from the date of this order, the United States Marshal is directed
to notify the following defendant of the commencement of this action and to

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request a waiver of service in accordance with the provisions of Federal Rules of

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Civil Procedure rule 4(d) and Title 28 of the United States Code section 566(c):

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Clovis Unified School District
3.

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The United States Marshal is directed to retain the summons and a copy of the
complaint in their file for future use.

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The United States Marshal 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 they are

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received.

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5.

If a waiver of service is not returned by a defendant within sixty days of the date
of mailing the request for waiver, the United States Marshal shall:

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a. Personally serve process and a copy of this order upon the defendant

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

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the United States Code section 566(c).

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b. Within ten days after personal service is effected, the United States

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Marshal shall file the return of service for the defendant, along with

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

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the costs subsequently incurred in effecting service on said defendant.

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Said costs shall be enumerated on the USM-285 form and shall include the

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costs incurred by the Marshal's office 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 Federal Rules of Civil

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Procedure rule 4(d)(2).

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6.

In the event that defendants make an appearance in this action by filing an answer,

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dispositive motion, or other pleading, the United States Marshals Service need not

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personally serve those defendants.

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7.

In the event that defendants either waive service or are personally served,
defendants are required to reply to the complaint. See 42 U.S.C. §1997e(g)(2).

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IT IS SO ORDERED.
Dated:
6i0kij

December 22, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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