Rankin v. Suisun Police Department et al

Filing 12

ORDER DIRECTING SERVICE by US MARSHAL without prepayment of costs signed by Judge Morrison C. England, Jr. on 1/26/2012. Service is ordered for defendants Arroyo, Sousa, and Martinez. Clerk directed to forward following document to US Marshal for service: 3 copies of Summons, 4 copies of 5/9/2011 Amended Complaint, 3 copies of Consent to Proceed before Magistrate Judge form, and 3 copies of service process order. (Marciel, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN LORENZO RANKIN, Plaintiff, 11 12 13 14 vs. ORDER AND ORDER DIRECTING SERVICE SUISIN POLICE DEP’T, et al., BY THE UNITED STATES MARSHAL Defendants. WITHOUT PREPAYMENT OF COSTS / 15 16 No. CIV 2:11-cv-0145-MCE-JFM Plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. § 1915. The court 17 previously ordered plaintiff to provide information for service of process on form USM-285, 18 sufficient copies of the complaint for service, and a notice of compliance. Plaintiff has filed the 19 required papers. Accordingly, IT IS HEREBY ORDERED that: 20 1. The Clerk of the Court is directed to forward the instructions for service of 21 process, the completed summons, copies of the complaint and copies of this order to the United 22 States Marshal. 23 2. Within ten days from the date of this order, the United States Marshal is 24 directed to notify defendants Arroyo, Sousa and Martinez. of the commencement of this action 25 and to request a waiver of service in accordance with the provisions of Fed. R. Civ. P. 4(d) and 26 28 U.S.C. § 566(c). 1 1 2 3. The U.S. Marshal is directed to retain the sealed summons and a copy of the complaint in their file for future use. 3 4. The United States Marshal shall file returned waivers of service as well as any 4 requests for waivers of service that are returned as undelivered as soon as they are received. 5 5. If a waiver of service is not returned by a defendant within forty-five days 6 from the date of mailing the request for waiver, the United States Marshal shall: 7 a. Personally serve process and a copy of this order upon the defendant 8 pursuant to Rule 4 of the Federal Rules of Civil Procedure and 28 U.S.C. 9 § 566(c). 10 b. Within ten days after personal service is effected, the United States 11 Marshal shall file the return of service for the defendant, along with 12 evidence of any attempts to secure a waiver of service of process and of 13 the costs subsequently incurred in effecting service on said defendant. 14 Said costs shall be enumerated on the USM-285 form and shall include the 15 costs incurred by the Marshal's office for photocopying additional copies 16 of the summons and complaint and for preparing new USM-285 forms, if 17 required. Costs of service will be taxed against the personally served 18 defendant in accordance with the provisions of Fed. R. Civ. P. 4(d)(2). 19 20 6. Defendants shall reply to the complaint within the time provided by the applicable provisions of Fed. R. Civ. P. 12(a). 21 7. Each party shall keep the court apprised of a current address at all times while 22 the action is pending. Any change of address must be reported promptly to the court in a 23 separate document captioned for this case and entitled “Notice of Change of Address.” A notice 24 of change of address must be properly served on other parties. Pursuant to Local Rule 182(d), 25 service of documents at the record address of a party is fully effective. Failure to apprise the 26 ///// 2 1 court of a change of address may result in the imposition of sanctions, which may include 2 dismissal of the action. 3 8. The failure of any party to comply with this order, the Federal Rules of Civil 4 Procedure, or the Local Rules of Court, may result in the imposition of sanctions including, but 5 not limited to, dismissal of the action or entry of default. 6 DATED: January 26, 2012. 7 8 9 10 /014;rank0145.serve.usm 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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