Solesbee v. County of Inyo et al

Filing 17

ORDER to United States Marshal for Service of Plaintiff's Complaint signed by Magistrate Judge Jennifer L. Thurston on 12/19/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TANYA SOLESBEE,
Plaintiff,

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v.
COUNTY OF INYO, et al.,

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Defendants.

) Case No.: 1:13-cv-01548 AWI JLT
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) ORDER TO UNITED STATES MARSHAL FOR
) SERVICE OF PLAINTIFF’S COMPLAINT
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Tanya Solesbee is proceeding in forma pauperis with this action. This Court ordered Plaintiff

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to provide information for service of process for Defendants County of Inyo, Inyo County Integrated

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Waste Management and Robert Mayhugh, on Form U.S.M.-285, sufficient copies of the complaint for

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service, and a notice of compliance. (Doc. 14) On December 18, 2013, Plaintiff provided the

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documents required by the Court’s order. (Doc. 15) 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 each defendant (County of Inyo, Inyo County

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Integrated Waste Management and Robert Mayhugh) to be served;

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b.

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

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c.

One copy of the complaint filed on September 24, 2013, for each defendant to
be served, with an additional copy for the U.S. Marshal;

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d.

One copy of this order for each defendant to be served, with an additional copy
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for the U.S. Marshal; and

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

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

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defendant 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.

4.

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

December 19, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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