Turner v. United States Department of the Treasury

Filing 8

ORDER DIRECTING Service By the United States Marshals Office Without Prepayment of Costs, signed by Magistrate Judge Sheila K. Oberto on 5/6/15. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRUCE ERVIN TURNER,
Plaintiff,

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v.

Case No. 1:15-cv-00007-LJO-SKO
ORDER DIRECTING SERVICE BY THE
UNITED STATES MARSHALS SERVICE
WITHOUT PREPAYMENT OF COSTS

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U.S. DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network,
Defendant.

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_____________________________________/
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The Court previously found service of the complaint appropriate. (Doc. 6.) Accordingly,
pursuant to Federal Rule of Civil Procedure 4(c), it is HEREBY ORDERED that:
1.

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The Clerk of the Court is directed to forward the following documents to the
United States Marshals Service:

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(1)
(2)

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One completed USM−285 form;

(3)

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One completed and issued summons;

One copy of the complaint filed on January 5, 2015, plus an extra copy for

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the Marshals Service; and

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(4)
2.

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

Within ten (10) days from the date of this order, the Marshals Service is directed to

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notify the defendant of the commencement of this action and to request a waiver of

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

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566(c).

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3.

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The Marshals Service shall file returned waiver of service as well as any request for
a waiver of service that is returned as undelivered as soon as it is received.

4.

If a waiver of service is not returned by the defendant within sixty (60) days of the

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date of mailing the request for waiver, the Marshals Service shall:

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a.

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Personally serve process and a copy of this order upon the defendant
pursuant to Rule 4 of the 10 Federal Rules of Civil Procedure and 28 U.S.C.

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§ 566(c); and

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b.

Within ten (10) days after personal service is effected, the Marshals Service

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shall file the return of service for the defendant, along with evidence of any

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attempts to secure a waiver of service of process and of the costs

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subsequently incurred in effecting service on said defendant. Said costs

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shall be enumerated on the USM−285 form and shall include the costs

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incurred by the Marshals Service for photocopying additional copies of the

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summons and complaint and for preparing new USM−285 forms, if

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required.

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

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5.

Costs of service will be taxed against the personally served

If the defendant waives service, he/she is required to return the signed waiver

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to the Marshals Service. The filing of an answer or a responsive motion does

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not relieve defendants of this requirement, and the failure to return the signed

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waivers may subject defendants to an order to pay the costs of service

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pursuant to Fed. R. Civ. P. 4(d)(2).

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6.

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In the event that the defendant either waives service or is personally served, the
defendant is required to reply to the complaint. 42 U.S.C. § 1997e(g)(2).

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IT IS SO ORDERED.
Dated:

May 6, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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