Gorrell v. Sneath et al

Filing 13

ORDER DIRECTING U.S. Marshal to Serve Defendants signed by Magistrate Judge Jennifer L. Thurston on 5/25/2012. (Sant Agata, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILSON GORRELL,

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Case No. 1:12-cv-00554 AWI JLT

Plaintiff,

ORDER DIRECTING U.S. MARSHAL
TO SERVE DEFENDANTS

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v.

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THOMAS C. SNEATH et al.,

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Defendants.

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Plaintiff is proceeding pro se and in forma pauperis in this diversity action. The Court

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ordered Plaintiff to complete forms for effectuating service of process on Defendants after

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Plaintiff notified the Court he wished to proceed on cognizable claims in his Complaint. (Doc.

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11) Plaintiff has since submitted the necessary forms. (Doc. 12) Accordingly, IT IS HEREBY

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ORDERED:

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1.

The Clerk of the Court is directed to forward Plaintiff’s submitted forms to the

U.S. Marshal, along with a consent form for each named defendant, including:

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a.

National Toxicology Laboratories, Inc.,

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b.

Thomas Sneath

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c.

Hasmukh Shah

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2.

Within ten days from the date of this order, the U.S. Marshal shall notify each

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named defendant of the commencement of this action and request a waiver of service in

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accordance with Federal Rule of Civil Procedure 4(d) and 28 U.S.C. ' 566(c).

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3.

If a defendant waives service, he is required to return the signed waiver to the U.S.

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Marshal. The filing of an answer or a responsive motion does not relieve the defendant of this

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requirement, and the failure to return the signed waiver to the U.S. Marshal may subject the

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defendant to an order to pay the costs of service pursuant to Federal Rule of Civil Procedure

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4(d)(2).

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4.

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

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The U.S. Marshal shall file all returned waivers of service, as well as any requests

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If a waiver of service is not returned by a defendant within 60 days of the date of

the mailing the request for waiver, the U.S. Marshal shall:

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a.

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Personally service process and a copy of this order on the defendant

pursuant to Federal Rule of Civil Procedure 4 and 28 U.S.C. § 566(c); and

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b.

Within ten days after personal service is accomplished, the U.S. Marshal

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shall file the return of service for the defendant, along with evidence of attempts to secure

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waiver of service of process and costs subsequently incurred to effect service of that

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defendant. Such costs shall be enumerated on the U.S.M.-285 Form and shall include all

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costs incurred by the U.S. Marshal to make additional photocopies of the summons and

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the endorsed First Amended Complaint and to prepare new U.S.M.-285 Forms, if needed.

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Costs of service will be taxed against the defendant pursuant to Federal Rule of Civil

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Procedure 4(d)(2).

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6.

In the event that a defendant either waives service or is personally served, the

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defendant is required to file a responsive pleading in accordance with Federal Rule of Civil

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Procedure 12.

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IT IS SO ORDERED.
Dated:

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May 25, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

9j7khijed

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