Goldsmith v. Davis, et al

Filing 27

ORDER signed by Magistrate Judge Kendall J. Newman on 9/9/2011 ORDERING that 25 Order is VACATED. (Waggoner, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES K. GOLDSMITH,

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Plaintiff,

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vs.

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No. 2:10-cv-1995 KJN P

L. DAVIS, et al.,

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Defendants.

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ORDER
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On August 22, 2011, this court directed defendant Davis to pay the U.S. Marshal

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the costs of personal service of summons, or to show cause why such costs should not be taxed.

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(Dkt. No. 25.) Defendant has now shown cause why such costs should not be taxed. (Dkt. No.

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26.) Defendant correctly states that the U.S. Marshal, after initially requesting reimbursement

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(Dkt. No. 21), then withdrew the request (Dkt. No. 24). As set forth in the declaration of A.

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Brodbeck, filed by defendant, the U.S. Marshal initially sought reimbursement due to the

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temporary misplacement of defendant Davis’ timely signed waiver of service.1 (Dkt. No. 26 at

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6.)

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Thereafter, the court misconstrued as duplicative the U.S. Marshal’s request for
reimbursement, and request to withdraw such request.

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Accordingly, for good cause shown, IT IS HEREBY ORDERED that this court’s

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order filed August 22, 2011 (Dkt. No. 25) is vacated.

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DATED: September 9, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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gold1995.taxcosts