Harshaw v. Lew
Filing
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ORDER DIRECTING Service by the United States Marshals Service without Prepayment of Costs, signed by Magistrate Judge Sheila K. Oberto on 06/13/17. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CHERYL G. HARSHAW,
Plaintiff,
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v.
ORDER DIRECTING SERVICE BY THE
UNITED STATES MARSHALS SERVICE
WITHOUT PREPAYMENT OF COSTS
(Docs. 7 & 8)
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Case No. 1:16-cv-00963-AWI-SKO
JACOB J. LEW, SECRETARY,
DEPARTMENT OF THE TREASURY,
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Defendant.
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_____________________________________/
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The Court previously found service of the complaint appropriate. (Doc. 7.) Accordingly,
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1.
The Clerk of the Court is directed to forward the following documents to the
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United States Marshals Service:
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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 First Amended Complaint filed on August 10, 2016, plus
an extra copy for the Marshals Service;
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(4)
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2.
One copy of this order, plus an extra copy for the Marshals Service.
Within ten (10) days from the date of this order, the Marshals Service is directed to
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notify the defendant of the commencement of this action and to request a waiver of
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service in accordance with the provisions of Fed. R. Civ. P. 4(d) and 28 U.S.C. §
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566(c).
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3.
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The Marshals Service shall file returned waiver of service as well as any request for
a waiver of service that is returned as undelivered as soon as it is received.
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4.
If a waiver of service is not returned by the defendant within sixty (60) days of the
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date of mailing the request for waiver, the Marshals Service shall:
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a.
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Personally serve process and a copy of this order upon the defendant
pursuant to Rule 4 of the Federal Rules of Civil Procedure and 28 U.S.C. §
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566(c); and
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b.
Within ten (10) days after personal service is effected, the Marshals Service
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shall file the return of service for the defendant, along with evidence of any
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attempts to secure a waiver of service of process and of the costs
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subsequently incurred in effecting service on said defendant. Said costs
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shall be enumerated on the USM−285 form and shall include the costs
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incurred by the Marshals Service for photocopying additional copies of the
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summons and complaint and for preparing new USM−285 forms, if
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required.
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defendant in accordance with the provisions of Fed. R. Civ. P. 4(d)(2).
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5.
Costs of service will be taxed against the personally served
If the defendant waives service, he/she is required to return the signed waiver
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to the Marshals Service. The filing of an answer or a responsive motion does
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not relieve defendant of this requirement, and the failure to return the signed
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waivers may subject defendant to an order to pay the costs of service pursuant
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to Fed. R. Civ. P. 4(d)(2).
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IT IS SO ORDERED.
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June 13, 2017
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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