William M. Bryson, Jr. v. Gerson

Filing 13

ORDER DIRECTING Service By The United States Marshals Service Without Prepayment of Costs, signed by Magistrate Judge Michael J. Seng on 4/22/14. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM M. BRYSON, Jr.,
Plaintiff,

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ORDER DIRECTING SERVICE BY THE
UNITED STATES MARSHALS SERVICE
WITHOUT PREPAYMENT OF COSTS

v.

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Case No. 1:13-cv-0879-LJO-MJS

SUSAN B. GERSON,
Defendant.

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The Court previously found service of the Complaint appropriate. Accordingly,

21 pursuant to Federal Rule of Civil Procedure 4(c), it is HEREBY ORDERED
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1. For each Defendant to be served, the Clerk of the Court is directed to forward
the following documents to the United States Marshals Service:

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a. One completed and issued summons;

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b. One completed USM-285 form;

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c. One copy of the Complaint filed on June 10, 2013, plus an extra copy for

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

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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 Defendant of the commencement of this action and to

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request a waiver of service in accordance with the provisions of Fed. R. Civ. P.

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4(d) and 28 U.S.C. § 566(c):

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Susan B. Gerson

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3. The Marshals Service shall file returned waivers of service as well as any

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requests for waivers of service that are returned as undelivered as soon as they

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are received.
4. If a waiver of service is not returned by Defendant within sixty days of the date
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).
b. Within ten days after personal service is effected, the Marshals Service
shall file the return of service for the Defendant, along with evidence of
any attempts to secure a waiver of service of process and of the costs
subsequently incurred in effecting service on said Defendant. Said costs
shall be enumerated on the USM-285 form and shall include the costs
incurred by the Marshals Service for photocopying additional copies of the
summons and complaint and for preparing new USM-285 forms, if
required. Costs of service will be taxed against the personally served
Defendant in accordance with the provisions of Fed. R. Civ. P. 4(d)(2).

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5. If Defendant waives service, she is required to return the signed waiver to
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the Marshals Service. The filing of an answer or a responsive motion does
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not relieve Defendant of this requirement, and the failure to return the
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signed waivers may subject Defendant to an order to pay the costs of

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

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4 IT IS SO ORDERED.
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Dated:

April 22, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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