Arellano, Jr. v. San Diego, County of et al

Filing 201

ORDER Directing Plaintiff to Serve the United States. Signed by Judge Jinsook Ohta on 4/19/2020.(All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (axc)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No.: 14cv2404-JO-KSC

RAUL ARELLANO, JR.,
Plaintiff,

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v.

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ORDER DIRECTING PLAINTIFF
TO SERVE THE UNITED STATES

COUNTY OF SAN DIEGO, et al,

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Defendants.

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Plaintiff, proceeding pro se and in forma pauperis, filed a second amended

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complaint against, inter alia, Defendant United States. Dkt. 62 (SAC). On November 9,

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2020, the Court directed the Clerk to provide Plaintiff with a certified copy of the

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complaint, the summons, and a blank U.S. Marshal Form 285 (“Form 285”) to complete

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and return to the U.S. Marshal in order for the U.S. Marshal to effect service on the United

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States. Dkt. 189. On December 21, 2020, Plaintiff filed a request for the address of the

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U.S. Attorney for the Southern District of California so that Plaintiff may effect service on

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the United States. Dkt. 192. On January 6, 2021, the Court issued an order granting
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Plaintiff’s request. Dkt. 193. In that order, the Court recited the requirements for service

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on the United States as set forth in Federal Rule of Civil Procedure 4(i), including the

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requirement that a copy of the summons and the complaint be sent to the U.S. Attorney for

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the Southern District of California and to the U.S. Attorney General. Id. at 2. The Court

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provided the mailing addresses for the U.S. Attorney for the Southern District of California

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and the U.S. Attorney General. Id.

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On January 15, 2021, Plaintiff filed a motion entitled “Motion to Know if Service to

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U.S. Attorney General Is Necessary,” in which he requested an answer to whether he would

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have to serve the U.S. Attorney General. Dkt. 195. Plaintiff also requested to be provided

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“everything that needs to be sent to [the] Attorney General.” Id. On February 8, 2021, the

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Court denied Plaintiff’s motion on the grounds that the Court cannot provide legal advice

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to Plaintiff. Dkt. 196. The Court directed Plaintiff to review the text of Rule 4(i)(1), which

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the Court restated in the order given Plaintiff’s limited access to the law library. Id. at 2.

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The Court also directed the Clerk to provide a copy of the summons and the complaint to

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Plaintiff. Id. at 3.

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On September 28, 2021, the Court issued an Order to Show Cause on or before

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October 15, 2021, as to why the United States should not be dismissed from this case due

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to Plaintiff’s failure to serve the United States as required by Federal Rule of Civil

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Procedure 4(i). Dkt. 198. On October 12, 2021, Plaintiff filed a response to the Order to

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Show Cause stating that he had sent the necessary documents to the U.S. Marshal “between

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January – March 2021.” Dkt. 199 at 1. Plaintiff stated that he requested a status update

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from the U.S. Marshal around April 2021. Id.

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The Court finds good cause to extend the time for Plaintiff to complete service in

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light of Plaintiff’s response that he attempted to provide the required documents to the U.S.

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Marshal to effect service shortly after the Court’s February 8, 2021 Order. See Fed. R.

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Civ. P. 4(m). Accordingly, the Court hereby:

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1. DIRECTS the Clerk to provide Plaintiff with a new blank Form 285, and

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certified copies of this Order, the summons, and the complaint (the “IFP

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Package”).

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2. DIRECTS Plaintiff, upon receipt of the IFP Package, to complete the Form 285

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and return the IFP Package to the U.S. Marshal on or before May 19, 2022. If

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Plaintiff fails to return the completed IFP Package to the U.S. Marshal by May

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19, 2022, the Court will dismiss Defendant United States from this action for

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failure to prosecute.

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3. DIRECTS the U.S. Marshal to serve a copy of the complaint and summons

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upon Defendant United States as directed by Plaintiff on the completed Form

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285.

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IT IS SO ORDERED.

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Dated: April 19, 2022

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