Hoeft v. Ballon

Filing 29

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/28/2017 ORDERING that no later than 5/26/2017, plaintiff shall provide a properly filled out USM-285 form, including all information needed by the United States Marshal to effect service of pr ocess under Federal Rule of Civil Procedure 4(i). Plaintiff shall also file with the court a copy of the USM-285 form submitted to the United States Marshal. Failure to comply with this order shall result in dismissal of this action without prejudice. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MONICA HOEFT,

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No. 2:16-cv-2615 CKD PS

Plaintiff,
v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY, et al.,
Defendants.

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By order filed February 9, 2017, plaintiff was directed to provide to the United States

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Marshal, within twenty-eight days, all information needed by the Marshal to effect service of

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process, including all information required for proper service of summons under Federal Rule of

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Civil Procedure 4(i) and to file a statement with the court that said documents have been

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submitted to the United States Marshal, along with a copy of the information provided to the

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Marshal.

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Plaintiff has now submitted a copy of the USM-285 form she previously submitted to the

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United States Marshal. That form does not provide all of the information required to properly

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serve defendant.

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In this action, plaintiff alleges claims against defendant Ballon in his individual capacity.

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Federal Rule of Civil Procedure 4(i) provides in relevant part: “To serve a United States officer
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or employee sued in an individual capacity for an act or omission occurring in connection with

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duties performed on the United States’ behalf (whether or not the officer or employee is also sued

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in an official capacity), a party must serve the United States and also serve the officer or

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employee under Rule 4(e), (f), or (g).” Fed. R. Civ. P. 4(i)(3). To serve the United States, a party

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must:

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(A)(i) deliver a copy of the summons and of the complaint to the
United States attorney for the district where the action is brought-or to an assistant United States attorney or clerical employee whom
the United States attorney designates in a writing filed with the
court clerk--or

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(ii) send a copy of each by registered or certified mail to the civilprocess clerk at the United States attorney's office;

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(B) send a copy of each by registered or certified mail to the
Attorney General of the United States at Washington, D.C.; and

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(C) if the action challenges an order of a nonparty agency or officer
of the United States, send a copy of each by registered or certified
mail to the agency or officer.

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Fed. R. Civ. P. 4(i)(1).
Plaintiff will be granted one final opportunity to provide all the information necessary to

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effect proper service of summons in this action. Plaintiff is cautioned that failure to provide all

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necessary information to the United States Marshal for proper service of summons will result in

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dismissal of this action for lack of prosecution.

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Accordingly, IT IS HEREBY ORDERED that no later than May 26, 2017, plaintiff shall

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provide a properly filled out USM-285 form, including all information needed by the United

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States Marshal to effect service of process under Federal Rule of Civil Procedure 4(i). Plaintiff

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shall also file with the court a copy of the USM-285 form submitted to the United States Marshal.

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Failure to comply with this order shall result in dismissal of this action without prejudice. See

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Local Rule 110; Fed. R. Civ. P. 41(b).

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Dated: April 28, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 hoeft2615.5.eot

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