Chappell v. Fleming et al

Filing 55

ORDER signed by Magistrate Judge Allison Claire on 08/26/13 ordering the court's 08/07/13 order is discharged. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REX CHAPPELL,

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Plaintiff,

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No. 2:12-cv-0234 MCE AC P

v.

ORDER

B. FLEMING, et al.,

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Defendants.

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On July 18, 2013, the United States Marshal filed a return of service with a USM-285

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form showing charges of $74.78 for effecting personal service on defendant A. Murphy. The

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form reflected that a waiver of service form was mailed to defendant Murphy on April 24, 2013

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and that no response was received. On August 7, 2013, defendant Murphy was ordered to either

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pay the United States Marshal the sum of $74.78 for the cost of personal service, or file a written

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statement showing good cause for failure to waive service. ECF No. 49.
A response has been filed on defendant Murphy’s behalf. ECF No. 52. E. Fischer,

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Litigation Coordinator at the Office of Correctional Safety (OCS), declares under penalty of

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perjury that a waiver of service was not received at OCS as to defendant Murphy. Good cause

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appearing, the court’s August 7, 2013 order is discharged. IT IS SO ORDERED.

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DATED: August 26, 2013

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AC:ls//chap0234.oscdischg

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