Denton v. Pulido et al

Filing 29

ORDER signed by Magistrate Judge Barbara A. McAuliffe on 5/29/2014 granting request for order rescinding previous memo reimbursing U.S. Marshall service fees re 27 , 28 . (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRYAN DENTON,

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Plaintiff,

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v.

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PULIDO, et al.,

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Defendants.

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1:13-cv-00017-AWI-BAM (PC)
ORDER GRANTING REQUEST FOR
ORDER RESCINDING PREVIOUS MEMO
REIMBURSING U.S. MARSHAL SERVICE
FEES
(ECF Nos. 27, 28)

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Plaintiff Bryan Denton (“Plaintiff”) is a state prisoner proceeding in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. On February 18, 2014, the Court ordered

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the United States Marshal to serve process upon the defendant in this case. The Marshal was

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directed to attempt to secure a waiver of service before attempting personal service on the

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defendants. If a waiver of service was not returned by a defendant within sixty days, the Marshal

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was directed to effect personal service on the defendant in accordance with the provisions of

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Rule 4 of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c), without prepayment of

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costs, and to file the return of service with evidence of any attempt to secure a waiver of service

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and with evidence of all costs subsequently incurred in effecting personal service.

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On April 25, 2014, Defendant Pulido filed an answer. (ECF No. 20.)

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On May 12, 2014, the Marshal returned a waiver of service executed by Defendant

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Pulido. (ECF No. 24.)

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On May 23, 2014, the Marshal returned process showing personal service of Defendant

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Pulido. (ECF No. 26.) The Marshal also filed a request for reimbursement of service fees.

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(ECF No. 27.)

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On May 28, 2014, the Marshal filed the instant request to rescind the memorandum

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seeking reimbursement of fees. According to the request, the Marshal has concluded that fees

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are not appropriate in this case. (ECF No. 28.)

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The Marshal’s request for an order rescinding the previous memo seeking reimbursement

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of the U.S. Marshals Service fees is GRANTED. The memorandum seeking reimbursement of

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service fees, which was filed on May 23, 2014, is HEREBY DISREGARDED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 29, 2014

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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