Kennard v. San Joaquin County et al
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
THOMAS O. KENNARD,
No. 2:14-cv-1750 AC P
SAN JOAQUIN COUNTY, et al.,
Plaintiff is a civil detainee proceeding pro se and in forma pauperis is this civil rights
action filed pursuant to 48 U.S.C. § 1983. On January 15, 2015, the court ordered the United
States Marshal to serve process in this action upon defendants San Joaquin County and Sheriff
Steven Moore. ECF No. 6. The Marshal was directed to attempt to secure a waiver of service
before attempting personal service. 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. The Marshal was further directed to file the return of service with evidence
of any attempt to secure a waiver of service and evidence of all costs subsequently incurred in
effecting personal service.
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
No. 16. The return shows that a waiver of service form was mailed to the defendant on January
30, 2015, and that no response was received (although an answer was filed on March 31, 2015, on
behalf of both defendant Moore and San Joaquin County).
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 defendant Sheriff Steven Moore was given the opportunity required
by Rule 4(d) to waive service and failed to comply with the request.
Accordingly, IT IS HEREBY ORDERED that:
1. Within fourteen days after the filing date of this order, defendant Moore shall pay to
the United States Marshal the sum of $190.38, unless within that time defendant files a written
statement showing good cause for his 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 United States
DATED: June 1, 2015
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