Watts v. Ramos, et al

Filing 43

ORDER signed by Magistrate Judge Craig M. Kellison on 12/8/2011 ORDERING that the United States Marshal's 13 , 15 requests for reimbursement of costs of service are GRANTED; within 14 days, defendant Price shall pay to the USM the sum of $145.75; within 14 days, defendants Ramos, Murry, Gibson, Casey, Reid, and Thomson shall each pay to the USM the sum of $73.33; and the clerk to serve a copy of this order on the USM. (cc: USM) (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY WATTS,

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No. CIV S-09-1515-KJM-CMK-P

Plaintiff,

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vs.

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R. RAMOS, et al.,

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ORDER

Defendants.
/
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Pending before the court are the United States Marshal’s requests for

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reimbursement of costs of personal service (Docs. 13 & 15).

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The court ordered the United States Marshal to serve process upon the

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defendant(s) in this case. The Marshal was directed to attempt to secure a waiver of service

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before attempting personal service on any defendant. If a waiver of service was not returned

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within sixty days, the Marshal was directed to effect personal service on the defendant in

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accordance with the provisions of Rule 4 of the Federal Rules of Civil Procedure and 28 U.S.C.

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§ 566(c), without prepayment of costs, and to file the return of service with evidence of any

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attempt to secure a waiver of service and with evidence of all costs subsequently incurred in
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effecting personal service.

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On November 30, 2009, the United States Marshal filed a return of service with a

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USM-285 form showing total charges of $145.75 for effecting personal service on defendant

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Price. The form shows that a waiver of service form was mailed to the defendant on August 12,

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2009, and that no response was received. Rule 4(d) of the Federal Rules of Civil Procedure

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provides, in pertinent part, as follows:

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An individual, corporation, or association that is subject to service
under Rule 4(e), (f), or (h) has a duty to avoid unnecessary
expenses of serving the summons. . . .

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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:
(A)
the expenses later incurred in making service; and
(B)
the reasonable expenses, including attorney’s fees, of any
motion required to collect those service expenses.

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Fed. R. Civ. P. 4(d)(1), (2).
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The court finds that defendant Price was given the opportunity required by Rule 4(d) to waive

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service and has failed to show good cause for the failure to comply with the request.

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The docket similarly reflects that the United States Marshal filed returns of

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service with USM-285 forms showing total charges of $73.33 each for effecting person service

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on defendants Ramos, Murry, Gibson, Casey, Reid, and Thomson. The forms show that waivers

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of service forms were mailed to these defendants on August 12, 2009, and that no responses were

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received. The court also finds that defendants Ramos, Murry, Gibson, Casey, Reid, and

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Thomson were given the opportunity to waive service and have failed to show good cause for

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their failure to comply with the request.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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service (Docs. 13 & 15) are granted;

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The United States Marshal’s requests for reimbursement of costs of

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Within fourteen days from the date of this order, defendant Price shall pay

to the United States Marshal the sum of $145.75;

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3.

Within fourteen days from the date of this order, defendants Ramos,

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Murry, Gibson, Casey, Reid, and Thomson shall each pay to the United States Marshal the sum

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of $73.33; and

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4.

The Clerk of the Court is directed to serve a copy of this order on the

United States Marshal.

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DATED: December 8, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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