Trujillo v. Biter

Filing 72

ORDER GRANTING Marshal's Request for Reimbursement of Costs for Service 68 , 69 & 71 , signed by Magistrate Judge Erica P. Grosjean on 5/22/17: Defendant Juarez is to pay the Marshal $64.21; and The Marshal is directed to serve a copy of this order on defendant Juarez by mail to the address that the Marshal sent the request for waiver of service to. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO CRUZ TRUJILLO,
Plaintiff,

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ORDER GRANTING MARSHAL'S REQUEST FOR
REIMBURSEMENT OF COSTS FOR SERVICE

v.

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Case No. 1:14-cv-01370-LJO-EPG (PC)

GOMEZ, et al.,

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(ECF NOS. 68, 69, & 71)
Defendants.

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Guillermo Trujillo (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action filed pursuant to 42 U.S.C. § 1983. This case now proceeds on

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Plaintiff’s Third Amended Complaint (ECF No. 17) against defendants Gomez, Juarez, and

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Fernandez for excessive force in violation of the Eighth Amendment. (ECF Nos. 19, 20, & 21).

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On February 14, 2017, the Court ordered the United States Marshal Service ("the Marshal") to

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serve process on defendant Juarez. (ECF No. 60).

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On May 1, 2017 the Marshal filed a USM-285 form indicating that on April 25, 2017,

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personal service was effected upon defendant Juarez. (ECF No. 68). That same day the Marshal

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filed a request for a court order requiring defendant Juarez to reimburse the costs incurred by the

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Marshal for personal service, pursuant to Rule 4(d)(2) of the Federal Rules of Civil Procedure.

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(ECF No. 69). According to the Marshal, the cost of personal service was $64.21. (ECF Nos. 68

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& 69). Because the Marshal did not indicate whether defendant Juarez failed to waive service

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(which is required for reimbursement under Rule 4(d)(2)), on May 8, 2017, the Court gave the

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Marshal fourteen days to provide evidence that defendant Juarez failed to waive service (ECF No.
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70). On May 18, 2017, the Marshal filed a copy of the letter it sent to defendant Juarez. (ECF

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No. 71, p. 3). The letter asked defendant Juarez to waive service, and warned him that if he did

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not he could be required to pay the full costs of personal service. (Id.).

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Because defendant Juarez is apparently located in the United States, did not waive service,

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and failed to show good cause as to why he did not waive service, the Court will grant the

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Marshal’s request.

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Accordingly, based on the foregoing, IT IS HEREBY ORDERED that:

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1. Defendant Juarez is to pay the Marshal $64.21; and

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2. The Marshal is directed to serve a copy of this order on defendant Juarez by mail
to the address that the Marshal sent the request for waiver of service to.1

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IT IS SO ORDERED.
Dated:

May 22, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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The Court is not providing defendant Juarez’s address in this order due to
security and privacy concerns. (See ECF Nos. 30 & 37). Additionally, defendant Juarez has not yet appeared in the
case, despite the deadline for filing a responsive pleading passing (ECF No. 68), so the Court is not aware of his
preferred address for mailing.

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