McMahon v. Commissioner of Social Security

Filing 11

ORDER DIRECTING Service by the United States Marshals Service without Prepayment of Costs, signed by Magistrate Judge Sandra M. Snyder on 03/05/2015. (Service documents, consent form and copies of this order forwarded to USM -Sac as directed) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NICKOLAS w. McMAHON,

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Plaintiff,
v.

Case No. 1:15-cv-00043-SMS
ORDER DIRECTING SERVICE BY THE
UNITED STATES MARSHALS SERVICE
WITHOUT PREPAYMENT OF COSTS

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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The Court having previously found service of the complaint appropriate, it is hereby
ORDERED, pursuant to F.R.Civ.P. 4(c), that:
1.

For each defendant to be served, the Clerk of Court is directed to forward the
following documents to the United States Marshals Service:

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(1)

One completed and issued summons;

(2)

One completed USM-285 form;

(3)

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

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for the Marshals Service;
(4)

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

(5)

One copy of the Court's consent form.

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2.

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

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notify the Acting Commissioner of Social Security, the United States Attorney for the

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Eastern District of California, and the United States Attorney General of the commencement

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of this action and to request a waiver of service in accordance with the provisions of

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F.R.Civ.P. 4(i) and 28 U.S.C. § 566(c).

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3.

The Marshals Service is directed to retain its copies of the summons and complaint

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in its file for future use.
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4.

The Marshals Service shall file returned waivers of service as well as any requests

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

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5.

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

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

a.

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Personally serve process and a copy of this order upon the defendant

pursuant to F.R.Civ.P. 4 and 28 U.S.C. § 566(c).

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b.

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

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

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to secure waiver of process and of the costs subsequently incurred in effecting

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service on that defendant. The costs shall be enumerated on the USM-285 form and

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shall include the costs incurred by the Marshals Service for photocopying additional

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copies of the summons and complaint and for preparing new USM-285 forms, if

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required. Costs of service will be taxed against the personally served defendant in
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accordance with the provisions of F.R.Civ.P. 4(d)(2).

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6.

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

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Marshals Service. The filing of an answer or a responsive motion foes not relieve

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Defendant of this requirement, and the failure to return the signed waivers may

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subject Defendant to an order to pay the costs of service pursuant to F.R.Civ.P.

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4(d)(2).

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7.

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

In the event that Defendant either waives service or is personally served, it is

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IT IS SO ORDERED.
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Dated:

March 5, 2015

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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