Lal v. Felker et al

Filing 142

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/15/11 ordering within 14 days from the date of service of this order, defendant Flores shall pay to the U.S. Marshal the sum of $65.70, unless within that time defendant files a written statement showing good cause for his failure to waive service. The court does not intend to extend this 14 days period. The clerk shall serve a copy of this order to the U.S. Marshal. (cc: USM) (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AZHAR LAL,
Plaintiff,

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vs.

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No. CIV S-07-2060 KJM EFB P

T. FELKER, et al.,
Defendants.

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/

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ORDER

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
U.S.C. § 1983.
On June 17, 2011, the court ordered the United States Marshal to serve process upon

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defendant Flores. The Marshal was directed to attempt to secure a waiver of service before

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personally serving the defendant. However, if a waiver of service was not returned within 60

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days, the Marshal was directed to (1) personally serve defendant without prepayment of costs

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under Rule 4 of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c); and (2) file the

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return of service with evidence of attempts to secure a waiver and costs subsequently incurred in

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effecting personal service.

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On November 9, 2011, the United States Marshal filed a return of service with a USM285 form showing total charges of $65.70 for personally serving defendant Flores. The form
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shows the Marshal mailed defendant Flores a waiver of service form on June 22, 2011, but he

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did not respond.

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Rule 4 of the Federal Rules of Civil Procedure provides, in pertinent part:

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If a defendant located within the United States fails, without good cause, to sign
and return a waiver requested by a plaintiff located within the United States, the
court must impose on the defendant...the expense later incurred in making
service; and...the reasonable expenses...of any motion required to collect those
service expenses.

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Fed. R. Civ. P. 4(d)(2).
The court finds defendant Flores was given the opportunity required by Rule 4(d)(2) to
waive service but failed to do so.

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Accordingly, the court hereby orders that:

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1. Within 14 days from the date of service of this order, defendant Flores shall pay to the

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United States Marshal the sum of $65.70, unless within that time defendant files a written

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statement showing good cause for his failure to waive service. The court does not intend to

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extend this 14-day period.

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2. The Clerk shall serve a copy of this order on the U.S. Marshal.
Dated: November 15, 2011.

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