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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 GUILLERMO CRUZ TRUJILLO, Plaintiff, 10 11 ORDER GRANTING MARSHAL'S REQUEST FOR REIMBURSEMENT OF COSTS FOR SERVICE v. 12 Case No. 1:14-cv-01370-LJO-EPG (PC) GOMEZ, et al., 13 (ECF NOS. 68, 69, & 71) Defendants. 14 15 Guillermo Trujillo (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 16 with this civil rights action filed pursuant to 42 U.S.C. § 1983. This case now proceeds on 17 Plaintiff’s Third Amended Complaint (ECF No. 17) against defendants Gomez, Juarez, and 18 Fernandez for excessive force in violation of the Eighth Amendment. (ECF Nos. 19, 20, & 21). 19 On February 14, 2017, the Court ordered the United States Marshal Service ("the Marshal") to 20 serve process on defendant Juarez. (ECF No. 60). 21 On May 1, 2017 the Marshal filed a USM-285 form indicating that on April 25, 2017, 22 personal service was effected upon defendant Juarez. (ECF No. 68). That same day the Marshal 23 filed a request for a court order requiring defendant Juarez to reimburse the costs incurred by the 24 Marshal for personal service, pursuant to Rule 4(d)(2) of the Federal Rules of Civil Procedure. 25 (ECF No. 69). According to the Marshal, the cost of personal service was $64.21. (ECF Nos. 68 26 & 69). Because the Marshal did not indicate whether defendant Juarez failed to waive service 27 (which is required for reimbursement under Rule 4(d)(2)), on May 8, 2017, the Court gave the 28 Marshal fourteen days to provide evidence that defendant Juarez failed to waive service (ECF No. 1 1 70). On May 18, 2017, the Marshal filed a copy of the letter it sent to defendant Juarez. (ECF 2 No. 71, p. 3). The letter asked defendant Juarez to waive service, and warned him that if he did 3 not he could be required to pay the full costs of personal service. (Id.). 4 Because defendant Juarez is apparently located in the United States, did not waive service, 5 and failed to show good cause as to why he did not waive service, the Court will grant the 6 Marshal’s request. 7 Accordingly, based on the foregoing, IT IS HEREBY ORDERED that: 8 1. Defendant Juarez is to pay the Marshal $64.21; and 9 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 10 11 12 13 IT IS SO ORDERED. Dated: May 22, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 1 27 28 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. 2

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