Petersen v. Sims

Filing 27

ORDER Directing Service by the United States Marshal Without Prepayment of Costs signed by Magistrate Judge Erica P. Grosjean on 9/8/2021. (Jessen, A)

Case 1:20-cv-00884-DAD-EPG Document 27 Filed 09/08/21 Page 1 of 4
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KYLE PETERSEN,

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Case No. 1:20-cv-00884-DAD-EPG (PS)

Plaintiff,
v.
ANTHONY SIMS, JR.,

ORDER DIRECTING SERVICE BY THE
UNITED STATES MARSHAL WITHOUT
PREPAYMENT OF COSTS

Defendant.

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Plaintiff, Kyle Petersen, is proceeding pro se and in forma pauperis in this civil rights

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action, pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). In an

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order entered on July 7, 2021, the Court found service of the complaint to be appropriate.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of Court is directed to forward the following documents to the U.S.

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Marshal:

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a) One completed and issued summons for each individual to be served;

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b) One completed USM−285 form for each individual to be served;

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c) One copy of the complaint (ECF No. 1) for each individual to be served, plus one

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copy for the United States Marshal; and
d) One copy of this order for each individual to be served, plus one copy for the
United States Marshal.
2. Service on the United States of America:
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Case 1:20-cv-00884-DAD-EPG Document 27 Filed 09/08/21 Page 2 of 4
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a. Within ten days from the date of this order, the United States Marshal is

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directed to serve the United States of America by serving a copy of the

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summons, the complaint (ECF No. 1), and a copy of this order, in accordance

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with the provisions of Fed. R. Civ. P. 4(i)1 and 28 U.S.C. § 566(c), upon the

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following:

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i. United States Attorney for the Eastern District of California; and

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ii. Attorney General of the United States at Washington D.C.

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b. Within ten days after such service is effected, the United States Marshal shall

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file the return of service for that service.
3. Service on individual Defendant:

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a. Within ten days from the date of this order, the United States Marshal is

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directed to notify the following Defendant of the commencement of this action

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and to request a waiver of service in accordance with the provisions of Fed. R.

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Civ. P. 4(d) and 28 U.S.C. § 566(c):

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i. Anthony Sims, Jr., Forensic Specialist and Special Agent at the

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U.S. Department of Homeland Security Investigations in or about

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May 2017 through February 2019; and

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b. The United States Marshal shall file any returned waiver of service as well as

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Federal Rule of Civil Procedure 4(i) provides:
To serve the United States, a party must:
(A)(i) deliver a copy of the summons and of the complaint to the United States attorney
for the district where the action is brought--or to an assistant United States attorney or
clerical employee whom the United States attorney designates in a writing filed with the
court clerk--or
(ii) send a copy of each by registered or certified mail to the civil-process clerk at
the United States attorney's office;
(B) send a copy of each by registered or certified mail to the Attorney General of the
United States at Washington, D.C; and

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(C) if the action challenges an order of a nonparty agency or officer of the United States,
send a copy of each by registered or certified mail to the agency or officer.

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Case 1:20-cv-00884-DAD-EPG Document 27 Filed 09/08/21 Page 3 of 4
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any request for waiver of service that are returned as undelivered as soon as

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they are received.

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

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date of mailing the request for waiver, the United States Marshal shall:

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i. Personally serve process and a copy of this order upon the Defendant

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pursuant to Rule 4 of the Federal Rules of Civil Procedure and 28

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U.S.C. § 566(c).

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ii. Within ten days after personal service is effected, the United States

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Marshal shall file the return of service for the Defendant, along with

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

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the costs subsequently incurred in effecting service on the Defendant.

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

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the costs incurred by the United States Marshal for photocopying

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additional copies of the summons and complaint and for preparing new

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USM−285 forms, if required. Costs of service will be taxed against the

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personally served Defendant in accordance with the provisions of Fed.

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R. Civ. P. 4(d)(2).

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d. If the Defendant waives service, the Defendant is required to return the signed

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waiver to the United States Marshal. The filing of an answer or a responsive

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motion does not relieve the Defendant of this requirement, and the failure to

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return the signed waiver may subject the Defendant to an order to pay the costs

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of service pursuant to Fed. R. Civ. P. 4(d)(2).

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

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the Defendant is required to reply to the complaint. 42 U.S.C § 1997e(g)(2).

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Case 1:20-cv-00884-DAD-EPG Document 27 Filed 09/08/21 Page 4 of 4
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4. In accordance with 42 U.S.C. § 1997e(c), the Court has screened and previously found

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service of the Complaint appropriate.

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IT IS SO ORDERED.
Dated:

September 8, 2021

/s/
UNITED STATES MAGISTRATE JUDGE

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