Vaughn, Sr. v. Wegman et al

Filing 20

ORDER DIRECTING Further Statement from United States Marshal Service on Service Efforts RE Defendant Bowman; 14 Day Deadline signed by Magistrate Judge Jennifer L. Thurston on 7/10/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAY LEE VAUGHN, Sr.,
Plaintiff,

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ORDER DIRECTING FURTHER STATEMENT
FROM UNITED STATES MARSHALLS SERVICE ON
SERVICE EFFORTS RE DEFENDANT BOWMAN

v.

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Case No. 1:15-cv-01902-LJO-JLT (PC)

WEGMAN, et al.,

14 DAY DEADLINE

Defendants.

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The Court found service of the First Amended Complaint to be appropriate on defendant
Bowman. The summons for Bowman was recently returned unexecuted. Though the unexecuted
summons indicated that the United States Marshal Service spoke to the litigation coordinator who

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stated that “Bowman resigned a ‘couple of years ago,’ and there is no contact information for

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him. They will not accept service.” (Doc. 19.) From this, it is unclear whether the USMS was

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provided a last known address or whether the last known address was sought. See 28 U.S.C. §

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1915(d); Fed. R. Civ. P. 4(c)(3); Walker v. Sumner, 14 F.3d 1415 (9th Cir. 1994).

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Accordingly, within 14 days, the Marshals Service is DIRECTED to file a statement or

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an amended Process Receipt and Return (Form USM-285) indicating whether it inquired into

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whether the CDCR had a last known address for Bowman regardless of whether the CDCR

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believes the address is current. If not, the Court DIRECTS the USMS to make this inquiry and

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to attempt service at the last known address.

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IT IS SO ORDERED.
Dated:

July 10, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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