Solis v. County of Stanislaus et al

Filing 20

ORDER Directing Service By The United States Marshal Without Prepayment Of Costs, signed by Magistrate Judge Barbara A. McAuliffe on 1/7/2016. (Filing Deadline: 1/20/2016) (Fahrney, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JAVIER SOLIS,

12
13
14

Plaintiff,
v.
COUNTY OF STANISLAUS, et al.,

15
Defendants.

16
17
18

)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:14-cv-00937-WBS-BAM
ORDER DIRECTING SERVICE BY THE
UNITED STATES MARSHAL WITHOUT
PREPAYMENT OF COSTS

19
20

Plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. § 1915. The court previously

21

ordered Plaintiff to provide information for service of process on forms USM-285, sufficient copies of

22

the third and fourth amended complaints for service, and notices of compliance. Plaintiff has filed the

23

required papers. (Docs. 16, 19.) Accordingly, IT IS HEREBY ORDERED that:

24
25

1.

The Clerk of the Court is directed to forward the following documents to the United

States Marshals Service:

26

(1)

Six completed and issued summonses;

27

(2)

Six completed USM-285 forms;

28
1

(3)

1

Five copies of the third amended complaint filed on August 31, 2015, plus an
extra copy for the Marshal;

2
(4)

3

One copy of the fourth amended complaint filed on November 23, 2015, plus an
extra copy for the Marshal;

4
5

(5)

Six copies of this order, plus an extra copy for the Marshal;

6

(6)

Six copies of the court’s consent form.

7

2.

Within ten days from the date of this order, the United States Marshals Service is

8

directed to notify the following defendants of the commencement of this action and to request a waiver

9

of service in accordance with the provisions of Fed. R. Civ. P. 4(d) and 28 U.S.C. § 566(c):

10

Officer Griebel

11

Officer Quiroz

12

Officer Niewenhuis

13

Officer King

14

Officer Albonetti

15

City of Ceres

16

3.

17
18
19
20
21
22
23

The United States Marshal is directed to retain the summons and a copy of the amended

complaints in their file for future use.
4.

The United States Marshal shall file returned waivers of service as well as any requests

for waivers of service that are returned as undelivered as soon as they are received.
5.

If a waiver of service is not returned by the defendant within sixty days of the date of

mailing the request for waiver, the United States Marshal shall:
a. Personally serve process and a copy of this order upon the defendant pursuant to Rule 4 of
the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c).

24

b. Within ten days after personal service is effected, the United States Marshals Service shall

25

file the return of service for the defendant(s), along with evidence of any attempts to secure a waiver

26

of service of process and of the costs subsequently incurred in effecting service on said defendant(s).

27

Said costs shall be enumerated on the USM-285 form and shall include the costs incurred by the

28

Marshals Service for photocopying additional copies of the summons and complaint and for preparing
2

1

new USM-285 forms, if required. Costs of service will be taxed against the personally served

2

defendant(s) in accordance with the provisions of Fed. R. Civ. P. 4(d)(2).

3

6.

If a defendant waives service, the defendant is required to return the signed waivers to

4

the Marshals Service. The filing of an answer or a responsive motion does not relieve a defendant of

5

this requirement, and the failure to return the signed waivers may subject a defendant to an order to

6

pay the costs of service pursuant to Fed. R. Civ. P. 4(d)(2).

7
8

7.

In the event that a defendant either waives service or is personally served, the defendant

is required to reply to the complaint. 42 U.S.C. § 1997e(g)(2).

9
10
11
12

IT IS SO ORDERED.
Dated:

/s/ Barbara

January 7, 2016

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3