Gilbert 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 3/28/16. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SPENCER ALAN GILBERT,

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Plaintiff,
v.

Case No. 1:15-cv-01757-SMS
ORDER DIRECTING SERVICE BY THE
UNITED STATES MARSHALS SERVICE
WITHOUT PREPAYMENT OF COSTS

CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL SECURITY,
(Docs. 6, 9)
Defendant.

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On January 12, 2016, the Court issued an order finding service of Plaintiff’s First Amended

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Complaint appropriate following completion of the requisite forms and submission of proper

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documents by Plaintiff. Doc. 6. Plaintiff has since complied with the Court’s January 12, 2016

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order. 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
States Marshals Service:

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(1)

The original summons and five (5) copies of the Summons;

(2)

Five (5) copies of this order directing service by the U.S. Marshal;

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(3)

Five Copies of the First Amended Complaint filed on January 7, 2016;

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(4)

One completed USM−285 form addressed to the Social Security

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Administration; and

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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) and

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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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4.

If a waiver of service is not returned by the defendants 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 Defendant under
Federal Rules of Civil Procedure 4(e) and 28 U.S.C. § 566(c); and

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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 Defendant, along with evidence of any

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

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incurred in effecting service on said defendant(s). Said costs shall be

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enumerated on the USM−285 form and shall include the costs incurred by the

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Marshals Service for photocopying additional copies of the summons and

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complaint and for preparing new USM−285 forms, if required. Costs of

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service will be taxed against the personally served Defendant in accordance

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with the provisions of Federal Rule of Civil Procedure 4(d)(2).

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5.

If Defendant waives service, she is required to return the signed waiver to the

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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).

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6.

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

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IT IS SO ORDERED.
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Dated:

March 28, 2016

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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