Ransom v. Aguirre et al

Filing 39

ORDER DENYING 38 Plaintiff's Motion for United States Marshal to Serve Complaint signed by Magistrate Judge Dennis L. Beck on 5/29/2013. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRYAN E. RANSOM,

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Plaintiff,

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vs.
RODOLFO AGUIRRE, et al.,

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Defendants.

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1:12cv01343 AWI DLB PC
ORDER DENYING PLAINTIFF’S MOTION
FOR UNITED STATES MARSHAL TO
SERVE COMPLAINT
(Document 38)

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Plaintiff Bryan E. Ransom (“Plaintiff”) is a prisoner proceeding pro se in this civil rights

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action. Plaintiff originally filed his action in the Kings County Superior Court on June 26, 2012.

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Defendants paid the filing fee and removed the action on August 16, 2012.1

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On April 3, 2013, the Court issued an order explaining that Plaintiff, who was not
proceeding in forma pauperis, would be required to serve the additional ten Defendants. The
Court set forth the requirements of Rule 4 and ordered Plaintiff to complete service within 120

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days.
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On May 24, 2013, Plaintiff filed a motion requesting that the Court order the United

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States Marshal to serve the additional ten Defendants. Plaintiff states that he mailed the request

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Pursuant to Court order dated June 9, 2010, Plaintiff was deemed to be a prisoner with three strikes or more and
therefore unable to proceed in forma pauperis. 28 U.S.C. § 1915(g).
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for waiver and accompanying documents to these Defendants on or about April 19, 2013.
Defendants did not return the waiver within thirty days and Plaintiff now makes this request of
the Court.
The failure of Defendants to return the waiver does not, however, entitle Plaintiff to

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service by the United States Marshal where he is not proceeding in forma pauperis. As the Court
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explained in the April 3, 2013, order, if Defendants do not return the waiver of service within
thirty days, Plaintiff must then effectuate personal service:
Plaintiff must effect personal service on any Defendants whom Plaintiff does not request
to waive service and on any Defendants who are requested to waive service but fail to
return the Waiver of Service of Summons form to Plaintiff. In either situation, the
summons, a copy of the First Amended Complaint, and a copy of this order must be
personally served on each Defendant (not the Attorney General’s Office or any other
governmental entity). Plaintiff may not effect personal service himself. Fed. R. Civ. P.
4(c)(2). Service may be effected by any person who is not a party to this action and who
is at least eighteen years old. Id. Plaintiff should review Rule 4(e), provided with this
order, as it more fully addresses how personal service is effected.

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Accordingly, Plaintiff is not entitled to service by the United States Marshal and his
motion is DENIED. The time frame set forth in the April 3, 2013, order remains in effect.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

May 29, 2013

UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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L. Beck

3b142a

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