Cortes v. Kern County Superintendent of Schools

Filing 9

ORDER to United States Marshal for Service of Plaintiff's Complaint signed by Magistrate Judge Jennifer L. Thurston on 8/14/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) Case No.: 1:17-cv-00543 - JLT
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) ORDER TO UNITED STATES MARSHAL FOR
) SERVICE OF PLAINTIFF’S COMPLAINT
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Gustavo Cortes is proceeding in forma pauperis with an action pursuant to 20 U.S.C. §1400,

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for attorneys’ fees and expenses incurred in an administrative proceeding under the Individuals with

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Disabilties Education Act. This Court ordered Plaintiff to provide information for service of process

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

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3) Plaintiff has provided the documents required by the Court’s order. Therefore, good cause

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appearing, this Court:

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GUSTAVO CORTES,
Plaintiff,

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v.
KERN COUNTY SUPERINTENDENT OF
SCHOOL,

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Defendant.

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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 17, 2017, 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
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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.

4.

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DIRECTS the U.S. Marshal that, if a waiver of service is not returned by the defendant
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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5.

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 each

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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).

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6.

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

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IT IS SO ORDERED.
Dated:

August 14, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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