Hanna v. Mariposa County Sheriff Dept. et al

Filing 23

ORDER DIRECTING SERVICE by the United States Marshal Without Prepayment of Costs signed by Magistrate Judge Stanley A Boone on 1/8/2013. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RICHARD CHARLES HANNA,

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CASE NO. 1:12-cv-00501-AWI-SAB

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

v.
MARIPOSA COUNTY SHERIFF DEPT.
et al.,

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Defendants.
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/
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Plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. § 1915. The court previously

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ordered plaintiff to provide information for service of process on form USM-285, sufficient copies

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of the complaint for service, and a notice of compliance. Plaintiff has filed the required papers.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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

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States Marshal to be served on Defendants Mariposa County Sheriff Dept., Deputy

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Boehm, Deputy Rumfelt, Deputy Rameriz, and Deputy King:

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(1)

One completed and issued summons;

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(2)

One completed USM-285 form;

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(3)

One copy of the complaint filed on April 2, 2012, plus an extra copy

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for the Marshal;

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(4)

One copy of this order, plus an extra copy for the Marshal;

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(5)

One copy of the court’s consent form.
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2.

Within ten days from the date of this order, the United States Marshal is directed to

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notify the following defendants of the commencement of this action and to request

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a waiver of service in accordance with the provisions of Fed. R. Civ. P. 4(d) and 28

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U.S.C. § 566(c):

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MARIPOSA COUNTY SHERIFF DEPT.

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DEPUTY BOEHM

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DEPUTY RUMFELT

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DEPUTY RAMERIZ

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DEPUTY KING

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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 the 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 28 U.S.C.

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§ 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 evidence

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of 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 defendant. Said costs shall

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

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the 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 defendant in accordance

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with the provisions of Fed. R. Civ. P. 4(d)(2).
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6.

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

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dispositive motion, or other pleading, the U.S. Marshals Service need not personally

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serve the defendant.

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7.

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In the event that defendant either waives service or is personally served, defendant
is required to reply to the complaint. 42 U.S.C. §1997e(g)(2).

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IT IS SO ORDERED.
Dated:
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January 8, 2013

/s/ Stanley A. Boone
UNITED STATES MAGISTRATE JUDGE

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