Tanksley et al v. CDC, et al

Filing 39

ORDER signed by Circuit Judge Sidney Thomas on 4/20/2010 re 37 ORDERING that pursuant to Rule 4(d)(2), dfts to reimburse the USM Service for $349.35. (Duong, D)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Moody Woodrow Tanksley, Plaintiff, vs. California Department of Corrections, et. al., Defendants. /

No. 2:08-CV-02216-SRT

ORDER GRANTING UNITED STATES MARSHALS SERVICE'S REQUEST FOR REIMBURSEMENT

O n September 19, 2008, pro se Plaintiff Moody Woodrow Tanksley ( "P la in tif f" ) filed this civil rights action pursuant to 42 U.S.C. § 1983. On January 2 7 , 2010, the United States Marshals Service, Civil Division, Eastern District of C alifo rn ia ("U.S. Marshals Service") filed a request for an Order for R e im b u r se m e n t ("Request for Reimbursement") seeking reimbursement for fees p u rsu an t to Federal Rules of Civil Procedure 4(d)(2). Rule 4(d)(2) requires that if a defendant located within the United States fails, without good cause, to sign and retu rn a service of process waiver, the court must impose on defendant "(A) the ex p en ses later incurred in making service; and (B) the reasonable expenses, in c lu d in g attorney's fees, of any motion required to collect those service e x p e n s e s ."

The U.S. Marshals Service indicates on the USM-285 form filed with the co u rt that it was required pursuant to Rule 4(d)(2) to serve Defendants Parsons, W illiam s, Boccella, Marisoal, and Roberson ("Defendants"). The U.S. Marshals S erv ice served Defendants on December 9, 2009. According to the USM-285 f o r m , the U.S. Marshals Service incurred expenses of $ 349.35 to complete service to these defendants. Pursuant to Rule 4(d)(2), the court ORDERS Defendants to reimburse the U .S . Marshals Service for $ 349.35.

IT IS SO ORDERED. DATED: A p ril 20, 2010 /s / Judge Sidney R. Thomas J u d g e Sidney R. Thomas U n ited States Circuit Judge S ittin g by Designation