Walker v. King et al

Filing 71

ORDER Denying United States Marshals Service's Request for Reimbursement re 62 , signed by Magistrate Judge Erica P. Grosjean on 1/7/19. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROGER WALKER,

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Case No. 1:16-cv-01665-AWI-EPG (PC)

Plaintiff,

ORDER DENYING UNITED STATES
MARSHALS SERVICE’S REQUEST FOR
REIMBURSEMENT

v.
TIM POOLE, et al.,

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(ECF NO. 62)

Defendants.

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On November 15, 2018, the United States Marshals Service requested reimbursement of

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the cost of serving defendant Perryman under Federal Rule of Civil Procedure 4(d)(2). (ECF No.

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62). On December 21, 2018, defendant Perryman filed a response, indicating that she never

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received a request to waive service of process. (ECF No. 68).

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As it appears that defendant Perryman never received a request for waiver of service of

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process, the United States Marshals Service is not entitled to reimbursement of the cost of serving

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defendant Perryman. Federal Rule of Civil Procedure 4(d)(1), (2).

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Accordingly, IT IS ORDERED that the United States Marshals Service’s request for
reimbursement of the cost of serving defendant Perryman is DENIED.

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IT IS SO ORDERED.
Dated:

January 7, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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