James Kent O'Brien v. United States Postal Service et al

Filing 5

ORDER DIRECTING Service by the United States Marshals Service without Prepayment of Costs signed by Magistrate Judge Stanley A. Boone on 11/5/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES KENT O’BRIEN,
Plaintiff,

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v.

Case No. 1:14-cv-001590-AWI-SAB
ORDER DIRECTING SERVICE BY THE
UNITED STATES MARSHALS SERVICE
WITHOUT PREPAYMENT OF COSTS

UNITED STATES POSTAL SERVICE,
Defendant.

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The Court previously found service of the complaint appropriate. Accordingly, pursuant
to Federal Rule of Civil Procedure 4(c), it is HEREBY ORDERED that:
1.

For each defendant to be served, the Clerk of the Court is directed to forward the

following documents to the United States Marshals Service (USM):

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(1)

One completed and issued summons;

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(2)

One completed USM-285 form;

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(3)

One copy of the complaint filed on , plus an extra copy for the USM; and

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(4)

One copy of this order, plus an extra copy for the USM.

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2.

Within ten days from the date of this order, the USM is directed to notify the

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following defendants of the commencement of this action and to request a waiver of service in

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accordance with the provisions of Fed. R. Civ. P. 4(d) and 28 U.S.C. § 566(c):
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UNITED STATES POSTAL SERVICE

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3.

of service that are returned as undelivered as soon as they are received.

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4.

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a.

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all necessary assistance from the institution to execute this order. The USM shall maintain the
confidentiality of all information provided by the institution pursuant to this order.
b.

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Within ten days after personal service is effected, the USM shall file the

return of service for the defendant, along with evidence of any attempts to secure a waiver of
service of process and of the costs subsequently incurred in effecting service on said defendant.
Said costs shall be enumerated on the USM-285 form and shall include the costs incurred by the
USM for photocopying additional copies of the summons and complaint and for preparing new
USM-285 forms, if required. Costs of service will be taxed against the personally served
defendant in accordance with the provisions of Fed. R. Civ. P. 4(d)(2).

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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), and command

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

mailing the request for waiver, the USM shall:

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The USM shall file returned waivers of service as well as any requests for waivers

5.

If defendants waive service, they are required to return the signed waivers to the

USM. The filing of an answer or a responsive motion does not relieve defendants of this
requirement, and the failure to return the signed waivers may subject defendants to an order to
pay the costs of service pursuant to Fed. R. Civ. P. 4(d)(2).

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IT IS SO ORDERED.
Dated:

November 5, 2014
UNITED STATES MAGISTRATE JUDGE

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