Ricks v. Levine, et al.

Filing 29

SERVICE ORDER, signed by District Judge Ralph R. Beistline on 05/10/2016. (120-DAY DEADLINE) (Martin-Gill, S)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SCOTT K. RICKS,
Case No. 1:15-cv-01150-RRB
Plaintiff,
SERVICE ORDER
vs.
G. LEVINE, et al.,
Defendants.

On April 7, 2016, the Court ordered Plaintiff to complete and return to the Clerk of
the Court a Notice of Submission of Documents and submit with the Notice a copy of the
Complaint, a copy of the Court’s April 7, 2016, Screening Order, a completed summons
for each Defendant, and a completed USM-285 for each Defendant. Plaintiff has returned
the required papers. Accordingly,
(1)

The Clerk of Court must send to the United States Marshal the f ollowing:
(a) Copy of the Complaint for each Defendant to be served;
(b) Copy of the Court’s Screening Order for each Defendant to be served;
(c) Completed and issued summons for each Defendant to be served;
(d) Completed USM-285 for each Defendant to be served; and
(e) Copy of this Order.

SERVICE ORDER
Ricks v. Levine, 1:15-cv-01150-RRB – 1

(2)

If Plaintiff does not either obtain a waiver of service of the summons or

complete service of the Summons and Complaint on a Defendant within 120 days of the
filing of this Order, the action may be dismissed as to each Defendant not served.1
(3)

The United States Marshal must retain the Summonses, USM-285 forms, a

copy of the Complaint, the Court’s Screening Order, and this Order for future use.
(4)

Within ten (10) days of the date this Order is filed, the United States Marshal

must notify Defendants of the commencement of this action and request waiver of service
of the summons pursuant to Rule 4(d) of the Federal Rules of Civil Procedure. The notice
to Defendants must include a copy of this Order and the Court’s Screening Order.
(5)

The United States Marshal must immediately file requests for waivers that

were returned as undeliverable and waivers of service of the summons.
(6)

If a waiver of service of summons is not returned by a Defendant within 60

days from the date the request for waiver was sent by the United States Marshal, the
Marshal must:
(a)

Personally serve copies of the Summons, the Complaint, the Court’s

April 7, 2016 Screening Order, and this Order upon Defendant pursuant to Rule 4(e)(2) of
the Federal Rules of Civil Procedure, and shall command all necessary assistance from
the California Department of Corrections and Rehabilitation (CDCR) to execute this Order.
The United States Marshal must maintain the confidentiality of all information provided by
the CDCR pursuant to this Order.
(b)

Within ten (10) days after personal service is effected, file the return

of service for Defendant, along with evidence of the attempt to secure a waiver of service

1

Fed. R. Civ. P. 4(m).

SERVICE ORDER
Ricks v. Levine, 1:15-cv-01150-RRB – 2

of the summons and of the costs subsequently incurred in effecting service upon
Defendant. The costs of service must be enumerated on the return of service form (USM285) and must include the costs incurred by the Marshal for photocopying additional copies
of the Summons, Complaint, the Screening Order, or this Order and for preparing new
process receipt and return forms (USM-285), if required. Costs of service will be taxed
against the personally served Defendant under Rule 4(d)(2) of the Federal Rules of Civil
Procedure, unless otherwise ordered by the Court.
(7)

A Defendant who agrees to waive service of the Summons and

Complaint must return the signed waiver forms to the United States Marshal, not the
Plaintiff.
(8)

Defendants must answer the Complaint or otherwise respond by appropriate

motion within the time provided by the applicable provisions of Rule 12(a) of the Federal
Rules of Civil Procedure.
(9)

A motion to dismiss for failure to exhaust administrative remedies under Rule

12(b)(6) of the Federal Rules of Civil Procedure should be served and filed not later than
thirty (30) days after the answer is served and filed.
(10)

Any answer or response must state the specific Defendant by name on

whose behalf it is filed. The Court may strike any answer, response, or other motion or
paper that does not identify the specific Defendant by name on whose behalf it is filed.
IT IS SO ORDERED this 10th day of May, 2016.
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

SERVICE ORDER
Ricks v. Levine, 1:15-cv-01150-RRB – 3