Utley v. Acevedo et al

Filing 8

ORDER GRANTING Motion and Directing Service By The United States Marshals Service Without Prepayment of Costs 7 , signed by Magistrate Judge Stanley A. Boone on 9/4/15. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VANCE UTLEY,

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Plaintiff,

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Case No. 1:15-cv-01086-AWI-SAB

v.

ORDER GRANTING MOTION AND
DIRECTING SERVICE BY THE UNITED
STATES MARSHALS SERVICE WITHOUT
PREPAYMENT OF COSTS

ACEVEDO, et al.,
ECF No. 7

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Defendants.

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Plaintiff has requested that the U.S. Marshal effectuate service of the complaint in this

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action due to Plaintiff’s in forma pauperis status. The Court will grant Plaintiff’s motion.
Accordingly, pursuant to Federal Rule of Civil Procedure 4(c), it is HEREBY ORDERED

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that:

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1.

Plaintiff’s motion to have the U.S. Marshal effectuate service is GRANTED;

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2.

For each defendant to be served, Plaintiff is directed to forward the following

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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, which can be found at
www.usmarshals.gov/procss/usm-285.pdf;

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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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3.

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Within ten days after receipt of the above-mentioned materials, the USM is
directed to notify the following defendants of the commencement of this action

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and to request a waiver of service in accordance with the provisions of Fed. R.

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Civ. P. 4(d) and 28 U.S.C. § 566(c):

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ACEVEDO

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WEYMEN
4.

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The USM shall file returned waivers of service as well as any requests for waivers
of service that are returned as undelivered as soon as they are received.

5.

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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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a.

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pursuant to Rule 4 of the Federal Rules of Civil Procedure and 28 U.S.C. §

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566(c), and command all necessary assistance from the institution to

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execute this order. The USM shall maintain the confidentiality of all

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information provided by the institution pursuant to this order.

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b.

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secure a waiver of service of process and of the costs subsequently incurred

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in effecting service on said defendant. Said costs shall be enumerated on

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the USM-285 form and shall include the costs incurred by the USM for

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photocopying additional copies of the summons and complaint and for

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preparing new USM-285 forms, if required. Costs of service will be taxed

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against the personally served defendant in accordance with the provisions

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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

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

of Fed. R. Civ. P. 4(d)(2).
6.

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

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defendants to an order to pay the costs of service pursuant to Fed. R. Civ. P.

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4(d)(2).

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IT IS SO ORDERED.
Dated:

September 4, 2015
UNITED STATES MAGISTRATE JUDGE

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