Robinson v. Prisil, et al.
ORDER signed by Magistrate Judge Allison Claire on 6/30/2017 ORDERING defendants Dr. Yu, Angie and Janet to pay the US Marshal, within 14 days from the date of this order, the sum of $80.66 each, unless within that time defendants file a written statement showing good cause for their failure to waive service. (Henshaw, R)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ROOSEVELT J. ROBINSON,
No. 2:14-cv-0790 MCE AC P
PRISIL, et al.,
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 January 31, 2017, the court ordered the United States Marshal to serve process upon
the defendants in this case. The Marshal was directed to attempt to secure a waiver of service
before attempting personal service on defendant. If a waiver of service was not returned within
sixty days, the Marshal was directed to effect personal service on the defendant in accordance
with the provisions of Rule 4 of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c),
without prepayment of costs, and to file the return of service with evidence of any attempt to
secure a waiver of service and with evidence of all costs subsequently incurred in effecting
On May 25, 2017, the United States Marshal filed a return of service with a USM-285
form showing total charges of $80.66 each, for effecting personal service on defendants Dr. Yu,
Angie and Janet. The form shows that a waiver of service form was mailed to the defendants on
February 9, 2017, and that no response was received.
Rule 4(d) of the Federal Rules of Civil Procedure provides, in pertinent part, as follows:
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. . . .
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:
(A) the expenses later incurred in making service; and
(B) the reasonable expenses, including attorney’s fees, of any
motion required to collect those service expenses.
Fed. R. Civ. P. 4(d)(1), (2)(A), (B).
The court finds that defendants Dr. Yu, Angie and Janet were given the opportunity
required by Rule 4(d) to waive service and have failed to comply with the request.
Accordingly, IT IS HEREBY ORDERED that:
1. Within fourteen days from the date of this order defendants Dr. Yu, Angie and Janet
shall pay to the United States Marshal the sum of $80.66 each, unless within that time defendants
file a written statement showing good cause for their failure to waive service. The court does not
intend to extend this fourteen day period.
2. The Clerk of the Court is directed to serve a copy of this order on the U.S. Marshal.
DATED: June 30, 2017
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