Ahkeem Williams v. Pedriero et al

Filing 30

ORDER (1) Discharging Order To Show Cause And (2) Directing Re-Service By The United States Marshals Service Without Prepayment Of Costs (Docs. 25 and 27 ), signed by Magistrate Judge Sheila K. Oberto on 5/17/2013. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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AHKEEM WILLIAMS,

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Plaintiff,

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CASE NO. 1:12-cv-00606-SKO PC
ORDER (1) DISCHARGING ORDER TO
SHOW CAUSE AND (2) DIRECTING RESERVICE BY THE UNITED STATES
MARSHALS SERVICE WITHOUT
PREPAYMENT OF COSTS

v.
KIM PEDRIERO, et al.,

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Defendants.

(Docs. 25 and 27)
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Plaintiff Akheem Williams, a state prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action pursuant to 42 U.S.C. § 1983 on April 17, 2012. The Court previously found

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service of the complaint appropriate and on January 2, 2013, the Court issued an order directing the

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United States Marshal to initiate service of process on eleven defendants. Ten defendants

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subsequently waived service and filed an answer. However, the Marshal was informed by Kings

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County that it was unable to locate a Deputy Stephens but Assistant Chief Probation Officer Fred

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Stephens was deceased. As a result, Plaintiff was ordered to show cause why Deputy Stephens

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should not be dismissed from the action pursuant to Federal Rule of Civil Procedure 4(m). Plaintiff

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filed a response on May 8, 2013, informing the Court that the defendant in question may be Deputy

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Steps.

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Accordingly, the order to show cause is HEREBY DISCHARGED and pursuant to Federal
Rule of Civil Procedure 4(c), it is HEREBY ORDERED that:
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The Clerk of the Court is directed to forward the following documents to the United
States Marshals Service:
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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 17, 2012, plus an extra copy for the

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Marshals Service; and

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(4)
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One copy of this order, plus an extra copy for the Marshals Service.

Within ten days from the date of this order, the Marshals Service is directed to notify

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the following defendant of the commencement of this action and to request a waiver

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of service in accordance with the provisions of Fed. R. Civ. P. 4(d) and 28 U.S.C.

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§ 566(c):

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DEPUTY STEPS - previously identified as Deputy Stephens - involved

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in incident at Kings County Jail on November 4, 2010

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3.

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The Marshals Service shall file the returned waiver of service, or the request for
waiver of service if it is returned as undelivered, as soon as it is received.

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

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of mailing the request for waiver, the Marshals Service shall:

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a.

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

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to Rule 4 of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c),

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and shall command all necessary assistance from the Kings County Jail to

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execute this order. The Marshals Service shall maintain the confidentiality

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of all information provided by the Kings County Jail pursuant to this order.

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b.

Within ten days after personal service is effected, the Marshals Service shall

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file the return of service for the defendant, along with evidence of any

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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 Marshals Service 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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5.

If the defendant waives service, he is required to return the signed waiver to the

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Marshals Service. The filing of an answer or a responsive motion does not

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relieve the defendant of this requirement, and the failure to return the signed

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waivers may subject the defendant to an order to pay the costs of service

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pursuant to Fed. R. Civ. P. 4(d)(2).

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6.

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

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IT IS SO ORDERED.

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Dated:
i0d3h8

May 17, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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