Fitch v. Galland

Filing 13

ORDER to United States Marshal for Service on Plaintiff's Complaint, signed by Magistrate Judge Jennifer L. Thurston on 6/2/16. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOEY FITCH,
Plaintiff,

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v.
JOSEPH GALLAND,
Defendants.

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) Case No.: 1:16-cv-00489-DAD - JLT
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) ORDER TO UNITED STATES MARSHAL FOR
) SERVICE OF PLAINTIFF’S COMPLAINT
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Plaintiff Joey Fitch is proceeding pro se and in forma pauperis with an action pursuant to 42

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U.S.C. § 1983 for a violation of his civil rights. This Court ordered Plaintiff to provide information

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for service of process on Form U.S.M.-285, sufficient copies of the complaint for service, and a notice

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of compliance. (Doc. 3) On May 23, 2016, Plaintiff provided the documents required by the Court’s

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order. (Doc. 10) Therefore, good cause appearing, this Court:

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1.

DIRECTS this Court’s clerk to forward to the U.S. Marshal:

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a.

One completed and issued summons for the defendant to be served;

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b.

One completed Form U.S.M.-285 for the defendant to be served;

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c.

One copy of the Complaint filed on April 7, 2016 (Doc. 1) for the defendant to
be served, with an additional copy for the U.S. Marshal;

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d.

One copy of this order for the defendant to be served, with an additional copy
for the U.S. Marshal; and
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e.
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One copy of the Court’s consent form for the defendant to be served.

DIRECTS the U.S. Marshal, within 10 days from this order’s date, to notify the

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defendant of the commencement of this action and to request a waiver of service in

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accordance with Federal Rule of Civil Procedure 4(d) and 28 U.S.C. § 566(c);

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3.

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DIRECTS the U.S. Marshal to file returned waivers of service and a copy of the
complaint in its file for future use;

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DIRECTS the U.S. Marshal that, if a waiver of service is not returned by the defendant

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within 60 days of the date of mailing the request for waiver, to personally serve process

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and a copy of this order on defendants pursuant to Federal Rule Civil Procedure 4 and

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28 U.S.C. § 566(c);
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DIRECTS the U.S. Marshal, within 10 days after personal service is accomplished, to

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file the return of service for the defendant along with evidence of attempts to secure

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waiver of service of process and costs subsequently incurred to effect service of the

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defendant. Such costs shall be enumerated on the Form U.S.M.-285 and shall include

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the costs incurred by the U.S. Marshal to make additional photocopies of the summons

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and complaint and to prepare new Forms U.S.M.-285, if needed. Costs of service will

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taxed against the defendant(s), pursuant to Federal Rule of Civil Procedure 4(d)(2); and

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6.

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DIRECTS the U.S. Marshal not to serve the defendant if he first appears in this action
by filing an answer, dispositive motion or other pleading.

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IT IS SO ORDERED.
Dated:

June 2, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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