Savage v. CDCR, et al.

Filing 28

ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/13/14 ordering within 14 days from the date of this order defendant Donna Seabrooks shall pay to the U.S. Marshal the sum of $248.76 unless within that time defendant files a written statement showing good cause for her failure to waive service. The clerk of the court is directed to serve a copy of this order on the U.S. Marshal. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BOB SAVAGE,

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No. 2:13-cv-0795 JAM CKD P
Plaintiff,

v.

ORDER

CDCR, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this action seeking
relief pursuant to 42 U.S.C. § 1983.
On September 10, 2013, the court ordered the United States Marshal to serve process

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upon the defendant in this case. The Marshal was directed to attempt to secure a waiver of

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service before attempting personal service on 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 attempt

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

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personal service.

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On February 10, 2014, the United States Marshal filed a return of service with a USM-285
form showing total charges of $248.76 for effecting personal service on defendant Donna
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Seabrooks. The form shows that a waiver of service form was mailed to the defendant on

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September 26, 2013, and that no response was received.

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Rule 4(d) of the Federal Rules of Civil Procedure 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:

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(A) the expenses later incurred in making service; and

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(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)(A), (B).
The court finds that defendant Donna Seabrooks was given the opportunity required by
Rule 4(d) to waive service and has failed to comply with the request.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen days from the date of this order defendant Donna Seabrooks shall pay

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to the United States Marshal the sum of $248.76, unless within that time defendant files a written

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statement showing good cause for her failure to waive service.

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2. The Clerk of the Court is directed to serve a copy of this order on the U.S. Marshal.
Dated: February 13, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/mp
sava0795.taxcost

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