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