Williams v. California Department of Corrections & Rehabilitation et al

Filing 12

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/3/15 ORDERING that plaintiff's request for assistance from the United States Marshal (ECF No. 11 ) is denied.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN W. WILLIAMS,

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Plaintiff,

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No. 2:15-cv-1057-JAM-EFB P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se in this civil action. Plaintiff, who has paid

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the filing fee, requests assistance from the United States Marshal in effecting service of process

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on defendants.
Rule 4(c)(3) of the Federal Rules of Civil Procedure states that “[a]t the plaintiff’s request,

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the court may order that service be made by a United States marshal or deputy marshal or by a

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person specially appointed by the court.” The Advisory Notes to the Rule indicate that the court

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retains this discretion in the event that “a law enforcement presence appears to be necessary or

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advisable to keep the peace . . . .” Rule 4, Advisory Committee Notes, 1993 Amendments. Here,

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there is no apparent need for law enforcement to effect service of process in order to keep the

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peace, and plaintiff’s request must therefore be denied.

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Plaintiff is not proceeding in forma pauperis, and it is his responsibility to arrange for

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service of process on defendants. The court is mindful that plaintiff’s incarceration presents

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obstacles in retaining a process server, but it remains plaintiff’s responsibility to arrange for

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service of process.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for assistance from the

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United States Marshal (ECF No. 11) is denied. Plaintiff is cautioned that failure to accomplish

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service within the time prescribed by Rule 4(m) may result in a this action being dismissed for

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failure to follow court orders, for failure to effect service of process, and/or for lack of

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prosecution under Rule 41(b) of the Federal Rules of Civil Procedure.

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DATED: August 3, 2015.

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