Sorrells v. United States Marshals Service et al

Filing 49

ORDER Requiring Defendant Horton to Show Cause why Expense of Personal Service should not be taxed against him, signed by Magistrate Judge Stanley A. Boone on 06/24/2017. Show Cause Response due (15-Day Deadline). (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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)
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Plaintiff,
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v.
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UNITED STATES MARSHALS SERVICE, )
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et al.,
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Defendants.
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SHANNON SORRELLS,

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Case No.: 1:16-cv-00081-DAD-SAB (PC)
ORDER REQUIRING DEFENDANT HORTON TO
SHOW CAUSE WHY EXPENSE OF PERSONAL
SERVICE SHOULD NOT BE TAXED AGAINST
HIM
(ECF Nos. 44-46 )
FIFTEEN-DAY DEADLINE

Plaintiff Shannon Sorrells is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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Pending before the Court is a request by the United States Marshals Service for reimbursement

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of the expense incurred in effecting personal service on Defendant Horton, filed on May 18, 2017.

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(ECF Nos. 44-46.)

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Pursuant to the Federal Rules of Civil Procedure, individuals have “a duty to avoid

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unnecessary expenses of serving the summons.” Fed. R. Civ. P. 4(d)(1). “If a defendant located

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within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff

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located within the United States, the court must impose on the defendant . . . the expense later incurred

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in making service. . . .” Fed. R. Civ. P. 4(d)(2)(A).

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Based on the information provided by the Marshals Service, attempts were made to obtain a

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waiver of service of the summons from Defendant Horton on February 16, 2017. (ECF No. 46.) On

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May 2, 2017, the Marshal effected personal service, incurring an expense of $66.61. (ECF No. 45)

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Accordingly, it is HEREBY ORDERED that:

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1.

Defendant Horton has fifteen (15) days from the date of this order within which to
show good cause for failing to waive service; and

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2.

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If Defendant Horton either (1) fails to respond to this order or (2) responds but fails to

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show good cause, he will be required to reimburse the United States Marshals Service

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the $66.61 expense incurred in effecting personal service.

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IT IS SO ORDERED.

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Dated:

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May 24, 2017
UNITED STATES MAGISTRATE JUDGE

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