(PS) Murphy v. Geico Insurance Company

Filing 6

ORDER REGARDING SERVICE signed by Magistrate Judge Kendall J. Newman on 9/14/2020 WITHDRAWING the initial scheduling order (ECF No. 5 ), and DISREGARDING court's previous instructions re service; DIRECTING the Clerk to issue process. Within 30 days from the date of this order, plaintiff shall submit to the USM the necessary documents and within 10 days thereafter file a statement with the court. The USM is DIRECTED to serve all process without prepayment of costs within 90 days from the date of receipt of service documents. Failure to comply with this order may result in any appropriate sanctions, including monetary sanctions and/or dismissal of the action pursuant to Federal Rule of Civil Procedure 41(b). (Becknal, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHANNON O. MURPHY, No. 2:20–cv–1455–JAM–KJN PS 12 Plaintiff, ORDER REGARDING SERVICE 13 14 v. GEICO INSURANCE CO., 15 Defendant. 16 17 On July 20, 2020, plaintiff filed a motion to proceed in forma pauperis. (ECF No. 2.) The 18 district judge assigned to this case reviewed plaintiff’s application and granted it by minute order. 19 (ECF No. 3.) Thereafter, service documents were mailed to plaintiff, and a scheduling order 20 issued. However, given that plaintiff was granted leave to proceed in forma pauperis, the U.S. 21 Marshal is to effectuate service. See 28 U.S.C. § 1915(d). Therefore, IT IS HEREBY 22 ORDERED that: 23 1. disregard the court’s previous instructions regarding service; 24 25 2. 28 The Clerk of Court is directed to reissue forthwith all process pursuant to Federal Rule of Civil Procedure 4; 26 27 The initial scheduling order (ECF No. 5) is WITHDRAWN, and plaintiff shall 3. The Clerk of Court shall send plaintiff one USM-285 form, one summons, a revised version of this court’s scheduling order, and the forms providing notice of 1 the magistrate judge’s availability to exercise jurisdiction for all purposes. 1 2 4. Plaintiff is advised that to effectuate service, the U.S. Marshal will require: 3 a. One completed summons; 4 b. One completed USM-285 form for defendant; 5 c. A copy of the complaint for defendant, with and an extra copy for the U.S. 6 Marshal; and d. A copy of the court’s scheduling order for defendant. 7 8 5. Plaintiff shall supply the U.S. Marshal (501 I St., 5th Floor, Sacramento, CA 9 95814), within 30 days from the date this order is filed, with the documents listed 10 in number 4 above, and shall, within 10 days thereafter, file a statement with the 11 court that such documents have been submitted to the U.S. Marshal; 12 6. The U.S. Marshal shall serve process, with copies of this court’s scheduling order 13 and related documents, within 90 days of receipt of the required information from 14 plaintiff, without prepayment of costs; 15 7. If defendant waives service, the defendant is required to return the signed waiver 16 to the U.S. Marshal. The filing of an answer or a responsive motion does not 17 relieve defendant of this requirement, and the failure to return the signed waiver 18 may subject defendant to an order to pay the costs of service by the U.S. Marshal; 19 and 20 8. Failure to comply with this order may result in any appropriate sanctions, 21 including monetary sanctions and/or dismissal of the action pursuant to Federal 22 Rule of Civil Procedure 41(b). 23 Dated: September 14, 2020 24 25 murp.1455 26 27 28 2

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