McNeil v. Commissioner of Social Security
Filing
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ORDER DIRECTING Service by the United States Marshals Service Without Prepayment of Costs, signed by Magistrate Judge Sandra M. Snyder on 9/12/16. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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HARLEY McNEIL,
Case No. 1:15-cv-01442-AWI- SMS
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Plaintiff,
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v.
CAROLYN W. COLVIN, Commissioner of
Social Security,
ORDER DIRECTING SERVICE BY THE
UNITED STATES MARSHALS SERVICE
WITHOUT PREPAYMENT OF COSTS
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Defendant.
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On May 10, 2016, the Court issued an order finding Plaintiff’s first amended complaint
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contains a cognizable claim. Doc. 6. The Court therefore directed the Clerk of Court to issue the
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summons and new case documents, send Plaintiff a copy of the order, a USM285 form, an
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instruction sheet, and the first amended complaint. Further, the Court directed Plaintiff to complete
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and return the required documents for service by the United States Marshal. Plaintiff was
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specifically directed not to attempt service on Defendant, as the Court will issue an order directing
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service. In compliance with the Court, Plaintiff returned the required documents on June 13, 2016.
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Doc. 9.
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Accordingly, under Federal Rule of Civil Procedure 4(c), it is HEREBY ORDERED that:
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1.
The Clerk of the Court is directed to forward the following documents to the United
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States Marshals Service:
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(1)
Five completed and issued summons and the original summons;
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(2)
Five copies of the first amended complaint filed on January 4, 2016, plus an
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extra copy for the Marshals Service;
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(3)
(4)
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One completed USM−285 form; and
Five copies of this order, plus an extra copy for the Marshals Service.
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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 Defendant of the commencement of this action and to request a waiver of
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service in accordance with the provisions of Federal Rule of Civil Procedure 4(d)
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and 28 U.S.C. § 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.
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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:
a.
Federal Rules of Civil Procedure 4(e) and 28 U.S.C. § 566(c); and
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Personally serve process and a copy of this order upon Defendant under
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Within ten (10) days after personal service is effected, the Marshals Service
shall file the return of service for Defendant, along with evidence of any
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 required.
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Costs of service will be taxed against the personally served Defendant in
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accordance with the provisions of Federal Rule of Civil Procedure 4(d)(2).
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5.
If the Defendant waives service, she is required to return the signed waiver to
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the Marshals Service. The filing of an answer or a responsive motion does not
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relieve Defendant of this requirement, and the failure to return the signed
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waivers may subject Defendant to an order to pay the costs of service under
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Federal Rule of Civil Procedure 4(d)(2).
6.
In the event that the Defendant either waives service or is personally served,
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Defendant is required to reply to the complaint. 42 U.S.C. § 1997e(g)(2).
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IT IS SO ORDERED.
Dated:
September 12, 2016
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
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