Spence v. Stambaugh et al

Filing 20

ORDER signed by Magistrate Judge Allison Claire on 1/11/16 GRANTING 19 Request for reimbursement of costs associated with effecting personal service of process on defendants; Within 14 days after the filing date of this order, defendants s hall pay the United States Marshal the following sums, unless within that time a defendant files a written statement showing good cause for his or her failure to waive personal service (the court does not intend to extend this fourteen-day peri od): A. Defendant Southward shall pay the United States Marshal the sum of $33.07. B. Defendant Stambaugh shall pay the United States Marshal the sum of $33.07. C. Defendant Voss shall pay the United States Marshal the sum of $66.15. Clerk of the Court is directed to serve a copy of this order on the United States Marshal.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERALD SPENCE,

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No. 2: 14-cv-1170 WBS AC P

Plaintiff,
v.

ORDER

STAMBAUGH, 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 civil rights

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action filed pursuant to 42 U.S.C. § 1983. On June 2, 2015, this court directed the United States

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Marshal to serve process in this action upon defendants Southward, Stambaugh and Voss. See

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ECF No. 14. The Marshal was directed to attempt to secure waivers of service before attempting

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personal service. If a waiver of service was not returned within sixty days, the Marshal was

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directed to effect personal service on each defendant in accordance with the provisions of Rule 4

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of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c), without prepayment of costs.

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The Marshal was further directed to file the return of service with evidence of any attempt to

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

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service.

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On December 29, 2015, the United States Marshal filed three returns demonstrating
personal service on defendants Southward, Stambaugh and Voss, with total charges of $132.29.
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See ECF No. 18. The returns show that waiver of service forms were mailed to each defendant

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on June 19, 2015, but no defendant filed a waiver.

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Rule 4(d) of the Federal Rules of Civil Procedure provides, in pertinent part, as follows:

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(1) 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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(2) 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).

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The court finds that defendants herein were given the opportunity required by Rule 4(d) to
waive service and failed to comply with the request.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The request of the United States Marshal for reimbursement of costs associated with

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effecting personal service of process on defendants, ECF No. 19, is granted.

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2. Within fourteen days after the filing date of this order, defendants shall pay the United

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States Marshal the following sums, unless within that time a defendant files a written statement

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showing good cause for his or her failure to waive personal service (the court does not intend to

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extend this fourteen-day period):

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A. Defendant Southward shall pay the United States Marshal the sum of $33.07.

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B. Defendant Stambaugh shall pay the United States Marshal the sum of $33.07.

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C. Defendant Voss shall pay the United States Marshal the sum of $66.15.

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3. The Clerk of the Court is directed to serve a copy of this order on the United States
Marshal.
SO ORDERED.
DATED: January 11, 2016

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