Fitch v. Galland
Filing
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ORDER to United States Marshal for Service of Plaintiff's First Amended Complaint, signed by Magistrate Judge Jennifer L. Thurston on 8/12/16. (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
ORDER TO UNITED STATES MARSHAL FOR
SERVICE OF PLAINTIFF’S FIRST AMENDED
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 First Amended Complaint for
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service, and a notice of compliance. (Doc. 17) On August 8, 2016, Plaintiff provided the documents
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required by the Court’s order. (Doc. 20) 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 each defendant to be served;
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b.
One completed Form U.S.M.-285 for each defendant to be served;
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c.
One copy of the First Amended Complaint filed on July 7, 2016 (Doc. 15) for
each defendant to be served, with an additional copy for the U.S. Marshal;
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d.
One copy of this order for each 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 each 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 defendants
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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 defendants 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 defendants, 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 defendants if they first appear in this action
by filing an answer, dispositive motion or other pleading.
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IT IS SO ORDERED.
Dated:
August 12, 2016
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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