Whitfield v. Hernandez et al

Filing 31

ORDER to U.S. Marshal for service of 26 Third Amended Complaint signed by Magistrate Judge Jennifer L. Thurston on 4/15/2014. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN R. WHITFIELD,
Plaintiff,

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v.
JOHN HERNANDEZ, et al.,

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Defendants.

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Case No.: 1:13-cv-00724 - AWI - JLT
ORDER TO UNITED STATES MARSHAL FOR
SERVICE OF PLAINTIFF’S THIRD AMENDED
COMPLAINT (DOC. 26)

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Stephen Whitfield (“Plaintiff”) is proceeding pro se and in forma pauperis with this action.

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The Court has determined service of Plaintiff’s Third Amended Complaint is appropriate for

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defendant Lise Aceves, and Plaintiff has provided the documents necessary for service in compliance

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with the Court’s order. (Docs. 27, 30.) Therefore, good cause appearing, this Court:

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1.

DIRECTS this Court’s clerk to forward to the U.S. Marshal:

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a.

One completed and issued summons for the defendant to be served;

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b.

One completed Form U.S.M.-285 for the defendant to be served;

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c.

One copy of the Third Amended Complaint filed on March 31, 2014, for the
defendant to be served, with an additional copy for the U.S. Marshal;

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d.

for the U.S. Marshal; and

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One copy of this order for the defendant to be served, with an additional copy

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One copy of the Court’s consent form for the defendant to be served.
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2.

DIRECTS the U.S. Marshal, within 10 days from this order’s date, to notify defendant

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Lise Aceves of the commencement of this action and to 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.

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DIRECTS the U.S. Marshal to file returned waivers of service and a copy of the
complaint in its file for future use.

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DIRECTS the U.S. Marshal that, if a waiver of service is not returned by the defendant

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within 60 days of the date of mailing the request for waiver, to personally serve process

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and a copy of this order on defendants pursuant to Federal Rule Civil Procedure 4 and

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28 U.S.C. § 566(c);

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5.

DIRECTS the U.S. Marshal, within 10 days after personal service is accomplished, to

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file the return of service for each 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 each

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

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

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and complaint and to prepare new Forms U.S.M.-285, if needed. Costs of service will

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taxed against the defendant, pursuant to Federal Rule of Civil Procedure 4(d)(2).

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6.

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DIRECTS the U.S. Marshal not to serve the defendant if the defendant first appears in
this action by filing an answer, dispositive motion or other pleading.

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IT IS SO ORDERED.
Dated:

April 15, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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