Kennard v. San Joaquin County et al

Filing 18

ORDER signed by Magistrate Judge Allison Claire on 6/1/2015 ORDERING defendant Moore shall pay to the US Marshal the sum of $190.38, within 14 days, unless within that time defendant files a written statement SHOWING GOOD CAUSE for his failure to waive service. The Clerk shall serve a copy of this order on the USM. (cc: USM) (Yin, K)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS O. KENNARD, 12 Plaintiff, 13 14 15 v. No. 2:14-cv-1750 AC P ORDER SAN JOAQUIN COUNTY, et al., Defendants. 16 17 Plaintiff is a civil detainee proceeding pro se and in forma pauperis is this civil rights 18 action filed pursuant to 48 U.S.C. § 1983. On January 15, 2015, the court ordered the United 19 States Marshal to serve process in this action upon defendants San Joaquin County and Sheriff 20 Steven Moore. ECF No. 6. The Marshal was directed to attempt to secure a waiver of service 21 before attempting personal service. If a waiver of service was not returned within sixty days, the 22 Marshal was directed to effect personal service on the defendant in accordance with the 23 provisions of Rule 4 of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c), without 24 prepayment of costs. The Marshal was further directed to file the return of service with evidence 25 of any attempt to secure a waiver of service and evidence of all costs subsequently incurred in 26 effecting personal service. 27 28 On May 28, 2015, the United States Marshal filed a return of service with a USM-285 form showing total charges of $190.38 for effecting personal service on defendant Moore. ECF 1 1 No. 16. The return shows that a waiver of service form was mailed to the defendant on January 2 30, 2015, and that no response was received (although an answer was filed on March 31, 2015, on 3 behalf of both defendant Moore and San Joaquin County). 4 Rule 4(d) of the Federal Rules of Civil Procedure provides, in pertinent part, as follows: 5 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. . . . 6 7 8 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: 9 (A) the expenses later incurred in making service; and 10 (B) the reasonable expenses, including attorney’s fees, of any motion required to collect those service expenses. 11 12 13 14 Fed. R. Civ. P. 4(d)(1), (2)(A), (B). The court finds that defendant Sheriff Steven Moore was given the opportunity required by Rule 4(d) to waive service and failed to comply with the request. 15 Accordingly, IT IS HEREBY ORDERED that: 16 1. Within fourteen days after the filing date of this order, defendant Moore shall pay to 17 the United States Marshal the sum of $190.38, unless within that time defendant files a written 18 statement showing good cause for his failure to waive service. The court does not intend to 19 extend this fourteen-day period. 20 21 22 23 2. The Clerk of the Court is directed to serve a copy of this order on the United States Marshal. SO ORDERED. DATED: June 1, 2015 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?