Saiz v. Hanford Police Department et al

Filing 14

ORDER Directing Service By The United States Marshals Service Without Prepayment Of Costs, signed by Magistrate Judge Sandra M. Snyder on 8/17/2012. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MARTIN LOUIS SAIZ,

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Plaintiff,

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CASE NO. 1:12-cv-00912-AWI-SMS
ORDER DIRECTING SERVICE BY THE
UNITED STATES MARSHALS SERVICE
WITHOUT PREPAYMENT OF COSTS

v.
HANFORD POLICE DEPARTMENT, et al.,

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Defendants.
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The Court finds that service of the Second Amended Complaint is appropriate.
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Accordingly, it is HEREBY ORDERED, pursuant to Federal Rule of Civil Procedure 4(c), that:
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1.

For each defendant to be served, the Clerk of the Court is directed to forward the

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following documents to the United States Marshals Service:
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(1)

One completed and issued summons;

(2)

One completed USM-285 form;

(3)

One copy of the Second Amended Complaint filed on July 23, 2012, plus

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an extra copy for the Marshals Service;
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(4)

One copy of this order, plus an extra copy for the Marshals Service; and

(5)

One copy of the Court’s consent form.

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2.

Within ten days from the date of this order, the Marshals Service 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

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28 U.S.C. § 566(c):

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Officer Cavasos

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Officer Martinez

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Hanford Police Department

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3.

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The Marshals Service is directed to retain its copies of the summons and the
complaint in its file for future use.

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4.

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The Marshals Service 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

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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

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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

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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), and shall command all necessary assistance from the Hanford

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Police Department to execute this order. The Marshals Service shall

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maintain the confidentiality of all information provided by the Hanford

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Police Department pursuant to this order. .

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b.

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

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shall file the return of service for the defendant, 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 defendant. Said costs

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

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incurred by the Marshals Service for photocopying additional copies of the

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

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6.

If Defendants waive service, they are required to return the signed waivers to

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the Marshals Service. The filing of an answer or a responsive motion does

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not relieve Defendants of this requirement, and the failure to return the

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signed waivers may subject Defendants 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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7.

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

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IT IS SO ORDERED.
Dated:
icido3

August 17, 2012

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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