Lupercio v. Visalia Police Department

Filing 5

ORDER Directing Service by the United States Marshal Service without Prepayment of Costs, signed by Magistrate Judge Erica P. Grosjean on 2/7/18. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAMON NAVARRO LUPERCIO,

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Plaintiff,

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v.

Case No. 1:18-cv-00036-LJO-EPG
ORDER DIRECTING SERVICE BY THE
UNITED STATES MARSHAL SERVICE
WITHOUT PREPAYMENT OF COSTS

VISALIA POLICE DEPARTMENT,
Defendant.

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Plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. § 1915(a). The Court
previously instructed Plaintiff to provide information for service of process on form USM-285,
sufficient copies of the Complaint for service, and a notice of submission. Plaintiff has filed the
requested papers. Accordingly, IT IS HEREBY ORDERED:
1. The Clerk of the Court is DIRECTED to forward the following documents to the
United States Marshal Service:
a. One completed and issued summons for each defendant to be served;
b. One completed USM-285 form for each defendant to be served;
c. One copy of the complaint filed on January 8, 2018 for each defendant to
be served, in addition to one extra copy for the United States Marshal
Service;

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d. One copy of this Order for each defendant to be served, in addition to one
extra copy for the United States Marshal Service;
e. One copy of the court’s consent form for each defendant to be served.

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2. Within ten days from the date of this Order, the United States Marshal Service is

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DIRECTED to notify the following defendants of the commencement of this

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action and to request a waiver of service in accordance with the provisions of

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Federal Rule of Civil Procedure 4(d) and 28 U.S.C. § 566(c):

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a. Defendant City of Visalia Police Department.
3. The United States Marshal Service is DIRECTED to retain the summons and a
copy of the Complaint in their files for future use;

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4. The United States Marshal Service shall file returned waivers of service as well as

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any requests for waivers of service that are returned as undelivered as soon as they

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are received;

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5. If a waiver of service is not returned by a defendant within sixty days of the date of
mailing the request for waiver, the United States Marshal Service shall:
a. Personally serve process and a copy of this Order on the defendant
pursuant to Federal Rule of Civil Procedure 4(d) and 28 U.S.C. § 566(c);
b. Within ten days after personal service is effected, the United States

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Marshal Service shall file the return of service for the defendant, along

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with evidence of any attempts to secure a waiver of service of process and

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of the costs subsequently incurred in effecting service on said defendant.

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

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costs incurred by the Marshal’s office for photocopying additional copies

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of the summons and Complaint and for preparing new USM-285 forms, if

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required. Costs of service will be taxed against the personally served

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defendant in accordance with the provisions of Federal Rule of Civil

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Procedure 4(d)(2).

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6. In the event that defendants make an appearance in this action by filing an answer,

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dispositive motion, or other pleading, the United States Marshals Service need not

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personally serve those defendants; and,

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7. In the event that defendants either waive service or are personally served,

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defendants are required to reply to the Complaint.

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IT IS SO ORDERED.
Dated:

February 7, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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