Singh v. United States Department of Homeland Security

Filing 9

ORDER DIRECTING SERVICE by the United States Marshal without Prepayment of Costs signed by Magistrate Judge Sheila K. Oberto on 5/8/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JASDEV SINGH,

CASE NO. 1:12-cv-00498-AWI-SKO

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Plaintiff,
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ORDER DIRECTING SERVICE
BY THE UNITED STATES
MARSHAL WITHOUT
PREPAYMENT OF COSTS

v.
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UNITED STATES DEPARTMENT
OF HOMELAND SECURITY,

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Defendant.
/

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On April 2, 2012, Plaintiff Jasdev Singh ("Plaintiff") filed a complaint against the United

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States Department of Homeland Security ("Defendant") asserting claims pursuant to 5 U.S.C. § 552a.

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(Doc. 1.) Plaintiff is currently incarcerated at Adams County Correctional Complex and is

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proceeding in this matter in propria persona. On April 27, 2012, the Court found that service was

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to be effected pursuant to Federal Rule of Civil Procedure 4(c)(3), and ordered Plaintiff to provide

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

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and a notice of compliance. (Doc. 6.) Plaintiff has filed the required papers. (Doc. 8.)
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Plaintiff requests that Defendant United States Department of Homeland Security be served;

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he also requests that the United States Attorney General; the Director of the Department of

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Homeland Security, Bakersfield, California; and the United States Attorney's Office, Eastern District

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of California be served.1 (Doc. 8.) As such, the United States Marshal is directed to serve those

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entities.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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States Marshal:

The Clerk of the Court is directed to forward the following documents to the United

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(a)

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

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(b)

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

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(c)

One copy of the Complaint (Doc. No. 1) filed for each entity to be served,

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plus an extra copy for the Marshal;

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(d)

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Marshal;

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(e)

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One copy of this order for each entity to be served, plus an extra copy for the

One copy of the Court’s Order Re Consent or Request for Reassignment for
each entity to be served.

2.

Within ten (10) days from the date of this order, pursuant to the information provided

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in Plaintiff's USM-285 forms, the United States Marshal is directed to notify the person accepting

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service for the following entities of the commencement of this action and to request a waiver of

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service in accordance with the provisions of Fed. R. Civ. P. 4(d):

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United States Department of Homeland Security

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United States Attorney General

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Director, Department of Homeland Security, Bakersfield, California

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United States Attorney's Office, Eastern District of California

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This case was not screened pursuant to 28 U.S.C. § 1915 because Plaintiff paid the filing fee. The Court
takes no position as to whether Plaintiff's claims are viable, or whether the party named as defendant or the entities
Plaintiff requested be served are proper.

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(Doc. No. 1) in its file for future use.

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4.

The United States Marshal shall file returned waivers of service as well as any

requests for waivers of service that are returned as undelivered as soon as they are received.

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The United States Marshal is directed to retain the summons and a copy of Complaint

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If a waiver of service is not returned by an entity within sixty (60) days of the date

of mailing the request for waiver, the United States Marshal shall:

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(a)

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Personally serve process and a copy of this order upon the entity pursuant to
Rule 4 of the Federal Rules of Civil Procedure; and

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(b)

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

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Marshal shall file the return of service for the entity, along with evidence of

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any attempts to secure a waiver of service of process and of the costs

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subsequently incurred in effecting service on said entity. Said costs shall be

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enumerated on the USM-285 form and shall include the costs incurred by the

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Marshal's office for photocopying additional copies of the summons and

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complaint and for preparing new USM-285 forms, if required. Costs of

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service will be taxed against the personally served entity in accordance with

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the provisions of Fed. R. Civ. P. 4(d)(2).

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6.

In the event that an entity makes an appearance in this action by filing an answer,

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dispositive motion, or other pleading, the United States Marshal Service need not personally serve

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that entity.

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7. In the event that an entity either waived service or is personally served, that entity is
required to respond to the Complaint (Doc. No. 1). 42 U.S.C. §1997e(g)(2).

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IT IS SO ORDERED.

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Dated:
ie14hj

May 8, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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