Damon Newquist v. Soa et al

Filing 30

ORDER DIRECTING Service by the United States Marshals Service without prepayment of costs, signed by Magistrate Judge Sheila K. Oberto on 05/14/2019. (Document 27 printed and forwarded to USM-Frs with a copy of this order)(Martin-Gill, S)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

DAMON NEWQUIST,

10
11
12

Plaintiff,
v.

Case No. 1:17-cv-01150-LJO-SKO (PC)
ORDER DIRECTING SERVICE BY THE
UNITED STATES MARSHALS SERVICE
WITHOUT PREPAYMENT OF COSTS

SOA, et al.,

13

Defendants.

14
15

Plaintiff, Damon Newquist, is a state prisoner proceeding pro se and in forma pauperis in

16

this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff is proceeding on his First Amended

17

Complaint against Defendants Chen and Soa for deliberate indifference to his serious medical

18

needs in violation of the Eighth Amendment. (See Docs. 21, 22.) The United States Marshals

19

Service returned an unexecuted summons as to Defendant Soa. (Doc. 25.) Plaintiff has provided

20

a Medication Reconciliation Record to assist with the identification of Defendant Soa for service

21

of process. (Doc. 27.)

22

Accordingly, pursuant to Federal Rule of Civil Procedure 4(c):

23

1.

filed on May 3, 2019 (Doc. 27) to the United States Marshals Service.

24
25

The Clerk of the Court is directed to forward a copy of the documents Plaintiff

2.

Within ten days from the date of this order, the Marshals Service is directed to

26

notify DEFENDANT SOA of the commencement of this action and to request a

27

waiver of service in accordance with the provisions of Fed. R. Civ. P. 4(d) and 28

28

U.S.C. § 566(c).
1

1

3.

waiver of service if returned as undelivered, once received.

2
3

The Marshals Service shall file the returned waiver of service, or the request for

4.

The Marshals Service shall command all necessary assistance from the Litigation

4

Coordinator at Kern Valley State Prison to identify and locate DEFENDANT

5

SOA for service.

6

5.

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

7

mailing the request for waiver, the Marshals Service shall:

8

(a)

9

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. §

10

556(c), and shall command all necessary assistance from the California

11

Department of Corrections and Rehabilitation (CDCR) to execute this

12

order.

13

(b)

The Marshalls Service shall contact the Legal Affairs Division of CDCR

14

and request the assistance of a Special Investigator if the Litigation Officer

15

at the institution is unable to assist in identifying and/or locating

16

DEFENDANT SOA.
(c)

17

Within ten days after personal service is effected, the Marshalls Service

18

shall file the return of service for the defendant, along with evidence of any

19

attempts to secure a waiver of service of process and of the costs

20

subsequently incurred in effecting service on said defendant. Said costs

21

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

22

incurred by the Marshalls Service for photocopying additional copies of the

23

summons and Second Amended Complaint and for preparing new USM-

24

285 forms if required. Costs of service will be taxed against the personally
served defendant in accordance with the provisions of Fed. R. Civ. P.

25

4(d)(2).

26
27

6.

In the event that Defendant either waives service or is personally served,

28
2

1

Defendant is required to reply to the First Amended Complaint, 42 U.S.C. §

2

1997e(g)(2), or respond to the Order Referring the Case to Post-Screening ADR

3

Project, (Doc. 29).

4
5
6
7

IT IS SO ORDERED.
Dated:

May 14, 2019

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

.