Padron v. City of Parlier et al

Filing 13

ORDER DIRECTING Service on Israel Lara, by the United States Marshals Service without prepayment of costs, signed by Magistrate Judge Stanley A. Boone on 8/19/16. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALFONSO PADRON,

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Plaintiff,
v.

Case No. 1:16-cv-00549-LJO-SAB
ORDER DIRECTING SERVICE BY THE
UNITED STATES MARSHALS SERVICE
WITHOUT PREPAYMENT OF COSTS

CITY OF PARLIER, et al.,

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Defendants.

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The Court previously found service of the complaint appropriate. Accordingly, pursuant
to Federal Rule of Civil Procedure 4(c), it is HEREBY ORDERED that:
1.

For each defendant to be served, the Clerk of the Court is directed to forward the

following documents to the United States Marshals Service (USM):

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(1)

One completed and issued summons;

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(2)

One completed USM-285 form;

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(3)

One copy of the complaint filed on , plus an extra copy for the USM; and

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(4)

One copy of this order, plus an extra copy for the USM.

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2.

Within ten days from the date of this order, the USM is directed to notify the

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

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accordance with the provisions of Fed. R. Civ. P. 4(d) and 28 U.S.C. § 566(c):

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ISRAEL LARA
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3.

of service that are returned as undelivered as soon as they are received.

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The USM shall file returned waivers of service as well as any requests for waivers

4.

If a waiver of service is not returned by a defendant within sixty days of the date of

mailing the request for waiver, the USM shall:

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a.

Personally serve process and a copy of this order upon the defendant

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pursuant to Rule 4 of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c), and command

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all necessary assistance from the institution to execute this order. The USM shall maintain the

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confidentiality of all information provided by the institution pursuant to this order.

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b.

Within ten days after personal service is effected, the USM shall file the

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return of service for the defendant, along with evidence of any attempts to secure a waiver of

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service of process and of the costs subsequently incurred in effecting service on said defendant.

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Said costs shall be enumerated on the USM-285 form and shall include the costs incurred by the

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USM for photocopying additional copies of the summons and complaint and for preparing new

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USM-285 forms, if required. Costs of service will be taxed against the personally served

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defendant in accordance with the provisions of Fed. R. Civ. P. 4(d)(2).

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5.

If defendants waive service, they are required to return the signed waivers to the

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USM. The filing of an answer or a responsive motion does not relieve defendants of this

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requirement, and the failure to return the signed waivers may subject defendants to an order to

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pay the costs of service pursuant to Fed. R. Civ. P. 4(d)(2).

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IT IS SO ORDERED.
Dated:

August 19, 2016
UNITED STATES MAGISTRATE JUDGE

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