Forte v. Hughes et al

Filing 53

ORDER Denying Marshal's Motion for Reimbursement for Service of Defendant City of Patterson, re 49 , 50 , signed by Magistrate Judge Sandra M. Snyder on 02/11/15. (Gonzalez, R)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

CASE NO.:

EUGENE E. FORTE,

1:13-CV-1980-LJO-SMS

10
1

12
1
13
1

ORDER DENYING MARSHAL'S
MOTION FOR REIMBURSEMENT
FOR SERVICE OF DEFENDANT
CITY OF PATTERSON

Plaintiff,

11
1
v.

TORI HUGHES, et al.,

14
1
(Docs. 49 and 50)

Defendants.

15
1
16
1
17
1
18
1
19
1

The United States Marshal's Service has requested reimbursement for personal service of a
defendant in this action, Patterson Police Services, on February 4, 2015. The Court will deny the
request.

20
2
On August 21, 2014, the Court ordered the Marshal to serve process upon the defendants in
21

22

this action, including the Patterson Police Services. Doc. 36. The order directed the Marshal to

23

attempt to secure a waiver of service before attempting personal service. If a defendant did not

24

return a waiver of service within sixty days, the Marshal was to effect personal service in accordance

25

with the provisions of Rule 4 of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c),

26

without prepayment of costs, and to file the return of service with evidence of any attempt to secure

27
28
1

1
2
3

a waiver of service and with evidence of all costs subsequently incurred in effecting personal
service.
The Marshal served the Patterson Police Services by mail on August 28, 2014. Doc. 49.

4

Several Defendants, including Patterson Police Services, moved to dismiss certain claims on

5

September 11, 2014. Doc. 37. On November 3, 2014, the Court dismissed Patterson Police Services

6

from this action. Doc. 46.

7
The Marshal again served Patterson Police Services by personal service on February 4, 2015.
8
9
10
1
11
1
12
1
13
1

Doc. 49. The Marshal moved for reimbursement of the costs associated with personally serving the
City on February 5, 2015. Doc. 50.
The Marshal's having served Defendant City of Patterson after it had already filed responsive
pleadings and been dismissed from this action, its motion for reimbursement of expenses of service
is hereby DENIED.

14
1
15
1
16
1
17
1

IT IS SO ORDERED.
Dated:

February 11, 2015

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

18
1
19
1
20
2
21

22
23
24
25
26
27
28
2