Carroll v. Schwarzenegger et al

Filing 62

ORDER REGARDING SERVICE signed by District Judge Leslie E. Kobayashi on 11/8/11 ORDERING the United States Marshal (USM) to file a status report within fourteen days from the date of this order. The status report shall address the following: Whether the USM has attempted to serve Sampath Suryadevara at 5357 E. Townsend Ave., Fresno, CA 93727; and 1771 W. Romney Dr., Ste. #C, Anaheim, CA 92801; If the USM has attempted to serve Sampath Suryadevara at those addresses, how was service attempted an d what were the outcomes of the attempts; If the USM has not attempted service at those addresses, why was there no attempt to serve Sampath Suryadevara at those addresses. The Court CAUTIONS the USM that the failure to file the status report within fourteen days of the date of this order may result in the imposition of sanctions. (CC: USM PRIORITY)(Becknal, R)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
Vernon D. Carroll,

)
)
Plaintiff,
)
)
vs.
)
)
S. Sury Adevara and E. Mazin, )
)
Defendants.
)
_____________________________ )

Civil No. 2:08-00408 LEK

ORDER REGARDING SERVICE
On January 28, 2011, this Court issued an Order
Regarding Service on Defendant S. Sury Adevara (“1/28/11 Order”).
This Court ordered that service be made on Sampath Suryadevara,
who pro se Plaintiff Vernon D. Carroll (“Plaintiff”) stated was
the person identified in this action as Defendant S. Sury
Adevara.

[1/28/11 Order at 2.]

The Court noted that Plaintiff

provided three addresses for Sampath Suryadevara: 6637 North
Gentry Avenue, Fresno, California 93711; 5357 E. Townsend Ave.,
Fresno, California 93727; and 1771 W. Romney Dr., Ste. #C,
Anaheim, California 92801.

The Court found that each of these

was sufficient for the United States Marshal’s Office to attempt
service of process on Sampath Suryadevara.

[Id.]

The Court

ordered Plaintiff to complete three USM-285 forms and three
summonses, one form for each of the three addresses where
Plaintiff wished the United States Marshal to attempt service.
Plaintiff submitted the completed documents, and his

Notice of Submission of Documents was filed on February 10, 2011.
[Dkt. no. 49.]

An Acknowledgment of the Receipt of Documents was

filed on February 16, 2011, acknowledging the receipt of four
completed summons forms and three completed USM-285 forms.

[Dkt.

no. 52.]
On March 3, 2011, this Court issued its Order Directing
Service by United States Marshal Without Prepayment of Costs
(“3/3/11 Order”).

[Dkt. no. 57.]

The Court ordered the United

States Marshal to, inter alia, notify Sampath Suryadevara of the
commencement of the action and to request a waiver of the service
of the summons.

If the United States Marshall did not receive a

waiver of service within sixty days from the date of mailing, the
United States Marshal was to attempt personal service.

If the

United States Marshal effected personal service, the Marshal was
to file a return of service within ten days of service.

[3/3/11

Order at 3-4.]
On July 20, 2011, the United States Marshall filed a
Process Receipt and Return for Sampath Suryadevara at 6637 North
Gentry Avenue, Fresno, California 93711.

[Dkt. no. 61.]

It

stated that the waiver of service was not received and that
personal service was attempted.

There is a notation on the

document dated July 11, 2011 which states that the defendant did
not reside at that address.

The resident found there believed

that he previously received mail with that name when he first

2

moved there, but he returned the mail to the Post Office.

There

is also a notation on the form dated July 20, 2011 stating “Per
CDCR - not listed”.1

[Id.]

As of the date of this order, however, the United
States Marshal has not filed a Process Receipt and Return as to
the attempt to serve Sampath Suryadevara at 5357 E. Townsend
Ave., Fresno, California 93727; and 1771 W. Romney Dr., Ste. #C,
Anaheim, California 92801.

The Court therefore ORDERS the United

States Marshal to file a status report within fourteen days from
the date of this order.

The status report shall address the

following:
1.

Whether the United States Marshal has attempted to

serve Sampath Suryadevara at 5357 E. Townsend Ave., Fresno,
California 93727; and 1771 W. Romney Dr., Ste. #C, Anaheim,
California 92801.
2.

If the United States Marshal has attempted to serve

Sampath Suryadevara at those addresses, how was service attempted
and what were the outcomes of the attempts.
3.

If the United States Marshal has not attempted service

at those addresses, why was there no attempt to serve Sampath

1

The 3/3/11 Order stated that the United States Marshal was
to “command all necessary assistance from the California
Department of Corrections and Rehabilitation . . . to execute
this order.” [3/3/11 Order at 3-4.]
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Suryadevara at those addresses.
The Court CAUTIONS the United States Marshal that the
failure to file the status report within fourteen days of the
date of this order may result in the imposition of sanctions.
The Court emphasizes that the United States Marshal has already
failed to file a status report required by the district judge in
a prior order in this case.2

[Order Denying Plaintiff’s Motion

for Default and Motion for Summary Judgment Pursuant to FRCP Rule
12(b), filed 4/29/10 (dkt. no. 29) at 4 (“Within fourteen days
from the date of this order, the United States Marshal is
directed to file a status report regarding service in this
case.”).]
IT IS SO ORDERED.
DATED AT HONOLULU, HAWAII, November 8, 2011.

/S/ Leslie E. Kobayashi
Leslie E. Kobayashi
United States District Judge

VERNON D. CARROLL V. S. SURY ADEVARA AND E. MAZIN; CV 2:08-00408
LEK; ORDER REGARDING SERVICE

2

Although the United States Marshal did not file a status
report, the United States Marshals Service filed two unexecuted
Process Receipt and Returns, one on June 3, 2010, and one on June
25, 2010. [Dkt. nos. 30, 31.]
4