Sienze v. Madera County Sheriff's Office, et al.

Filing 8

ORDER FINDING Service of First Amended Complaint Appropriate and Directing Clerk of Court to Forward Service Documents to Plaintiff for Completion and Return Within Thirty Days, signed by Magistrate Judge Stanley A. Boone on 8/22/17. Service shall be initiated on the following defendants: Deputy Sheriff Matthew J. Kutz and Sergeant D. Kerber. (Attachments: # 1 USM Civil Instructions and Summons) (Marrujo, C)

INSTRUCTIONS FOR COMPLETING FORM USM-285
After the court has issued an order granting your application to proceed without prepayment
of fees and directing that service of process be made by the United States Marshal, you must complete
an original USM-285 form for each individual defendant named in your action.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

9

PLAINTIFF: Print your name.
COURT CASE NUMBER:
Print the complete case number listed on your
complaint.
DEFENDANT: Print the name of one defendant on each separate form.
TYPE OF PROCESS: Print “Summons and Complaint.”
SERVE AT: Enter the name and address for service of one defendant on each
individual USM-285 form.
SEND NOTICE OF SERVICE TO REQUESTER AT: Enter your name and mailing
address.
NUMBER OF PROCESS TO BE SERVED WITH THIS FORM - 285:
1.
NUMBER OF PARTIES TO BE SERVED IN THIS CASE: Enter the number of
defendants you have named in your suit.
CHECK FOR SERVICE ON U.S.A.: Check ONLY if the defendant listed on the form
is an entity of the U.S. Government.
Sign and date the form, check the box marked “PLAINTIFF” and enter your
telephone number (if one is available).

If you are the plaintiff and are currently incarcerated, you must return the completed
USM-285 forms to the Clerk’s Office at 2500 Tulare Street, Room 1501, Fresno, CA 93721,
together with the following:
1.
2.
3.
4.
5.

An original Summons for each defendant to be served;
A file-endorsed copy of the complaint to be served on each individual defendant;
A copy of the order directing service by the U.S. Marshal to be served on each
individual defendant;
One copy of the complaint and one copy of the order directing service for the U.S.
Marshal’s file.
The completed “Notice of Submission of Documents” form enclosed herewith.

PLEASE NOTE that only the defendants against whom the court has determined you have a
cognizable claim will be served.
9

If you are the plaintiff in pro per, you must return the completed USM-285 forms to the
Clerk’s Office at 2500 Tulare Street, Room 1501, Fresno, CA 93721, together with the
following:
1.
2.
3.
4.
5.

An original Summons for each defendant to be served;
A copy of each summons to be served on each individual defendant;
A copy of the complaint to be served on each individual defendant;
A copy of the order directing service by the U.S. Marshal to be served on each
individual defendant;
One copy of each summons, one copy of the complaint and one copy of the order
directing service for the U.S. Marshal’s file.

E f f e c t i v e 1 2 / 05 for Non-P Cases

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA
,
Plaintiff(s),
vs.
,
Defendant(s).

)
)
)
)
)
)
)
)
)
)

No. 1:___-cv-______________
NOTICE OF SUBMISSION
OF DOCUMENTS

Plaintiff hereby submits the following documents in
compliance with the court's order filed __________________.
______

completed USM-285 forms

______

copies of the complaint/amended complaint

______

completed Summons forms

DATED:_______________

__________________________
Signature of Plaintiff

TO BE COMPLETED BY THE CLERK:
The above documents were forwarded to U.S. Marshal

on:_____________________ by ___________________________________.
Date

Deputy Clerk

INSTRUCTIONS FOR SERVICE OF PROCESS BY U.S. MARSHAL
Please type or print legibly, insuring readability of all copies. DO NOT DETACH ANY
COPIES. Submit one complete set of this form (USM-285) and one copy of each writ for each
individual, company, corporation, etc., to be served or property to be seized or condemned. The
applicable fees for such service(s) (T28, USC Sec. 1921 establishes the fees for service of
process by the U.S. Marshal) may be required prior to said service.
For service of any process upon an officer or agent of the United States Government, submit a
copy of the writ and a set of Form USM-285 for each officer or agent upon whom service is
desired. Submit three (3) additional copies of the writs for service upon the Government of the
United States. The U.S. Marshal will serve one (1) upon the U.S. Attorney and will forward two
(2) to the Attorney General of the United States. (When the applicable box is checked,
completion of the final signature block by the U.S. Marshal or his Deputy always certifies
service on the U.S. Attorney and the Attorney General, regardless of whether other defendants
on the writ were served.) Failure to provide any of the copies will delay service of the writ.
Complete all entries above the double line. Mark all applicable check boxes and use the ''Special
Instructions'' to advise of any information that will assist the U.S. Marshal in expediting service.
If more than one writ and USM-285 is submitted on a single case, the U.S. Marshal will receipt
for all of them on the first USM-285. You will receive for your records the last (No. 5)
"Acknowledgment of Receipt" copy for all the USM-285 forms you submit. When the writ is
served, you will receive the No. 3 Notice of Service copy. This copy will be identical to the
return to the Clerk of the Court.
Upon completion of all services (if the Marshals fees were not requested or tendered in advance
or if additional fees are indicated), you will receive a ''Billing Statement'' (copy 4 of USM-285)
from the United States Marshal. (NOTE: Copy 4 should be returned, by you, to the U.S.
Marshal, together with your payment of the amount owed.
Additional supplies of the USM-285 may be obtained from the Clerk of the U.S. District Court
or U.S. Marshal, without cost.

OAO 440 (Rev. 8/01) Summons in a Civil Action

UNITED STATES DISTRICT COURT
Eastern

District of

California

SUMMONS IN A CIVIL CASE
V.

CASE NUMBER:

1:

-cv-

TO: (Name and address of Defendant)

YOU ARE HEREBY SUMMONED and required to serve on PLAINTIFF’S ATTORNEY (name and address)

an answer to the complaint which is served on you with this summons, within
days after service
21
of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you
for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the
Clerk of this Court within a reasonable period of time after service.

Marianne Matherly
CLERK

(By) DEPUTY CLERK

DATE

OAO 440 (Rev. 8/01) Summons in a Civil Action

RETURN OF SERVICE
Service of the Summons and complaint was made by me(1)

DATE
TITLE

NAME OF SERVER (PRINT)

Check one box below to indicate appropriate method of service
G Served personally upon the defendant. Place where served:

G Left copies thereof at the defendant’s dwelling house or usual place of abode with a person of suitable age and
discretion then residing therein.
Name of person with whom the summons and complaint were left:
G Returned unexecuted:

G Other (specify):

STATEM ENT OF SERVICE FEES
TRAVEL

SERVICES

TOTAL

DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information
contained in the Return of Service and Statement of Service Fees is true and correct.

Executed on
Date

Signature of Server

Address of Server

(1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.