Fowler, et al v. United States of America et al
Filing
5
ORDER denying #3 Motion for Order for Service of Process by United States Marshal. Signed on 5/10/22 by Magistrate Judge David P. Rush. (DO)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
MICHAEL FOWLER, et al.,
Plaintiffs,
v.
UNITED STATES OF AMERICA,
By and through the United States Department
of Agriculture, et al.,
Defendants.
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No. 22-03101-CV-S-DPR
ORDER
Before the Court is Plaintiffs’ Motion for Order for Service of Process by United States
Marshal. (Doc. 3.) Pursuant to Rule 4(c)(3), Plaintiffs request an order that service on the United
States be made by a United States marshal or deputy marshal. Here, Plaintiffs are neither
proceeding in forma pauperis nor as seamen. Also, the defendant to be served is the United States
under Rule 4(i), so law enforcement presence is not necessary to keep the peace. Therefore, the
Court finds no basis for the relief requested, and the Motion for Order for Service of Process by
United States Marshal is DENIED.
IT IS SO ORDERED.
/s/ David P. Rush
DAVID P. RUSH
UNITED STATES MAGISTRATE JUDGE
DATE: May 10, 2022
Case 6:22-cv-03101-DPR Document 5 Filed 05/10/22 Page 1 of 1
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