Rose v. State of Hawaii et al

Filing 18

ORDER granting Plaintiff's 17 Motion for Servive by United States Marshal signed by Judge Ricardo S Martinez.(TH) (cc: USMO)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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XOCHI F. ROSE,
Plaintiff,
v.

Case No. C17-1899 RSM
ORDER GRANTING MOTION FOR
SERVICE BY UNITED STATES
MARHSAL

STATE OF HAWAII, et al.,

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Defendants.

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This matter comes before the Court on Plaintiff’s Motion for Service of Summonses by

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United States Marshal Service. Dkt. #17. Plaintiff Xochi F. Rose is proceeding in this matter

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in forma pauperis and therefore seeks assistance with service of the Summons and Complaint

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on Defendants. No Defendant has appeared in this matter.
Federal Rule of Civil Procedure 4(c)(3) provides:
At the plaintiff’s request, the court may order that service be made
by a United States marshal or deputy marshal or by a person
specially appointed by the court. The court must so order if the
plaintiff is authorized to proceed in forma pauperis under 28
U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916.
The Rule allows the Court to order service by the Marshal when requested, and

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mandates it for in forma pauperis prisoner plaintiffs proceeding under 28 U.S.C. § 1915.

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Although Plaintiff was granted leave to proceed in forma pauperis in this Court, she is not a

ORDER GRANTING MOTION FOR SERVICE BY UNITED STATES MARHSAL - 1

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prisoner. However, the Court recognizes that Plaintiff has limited means and the Court should

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assist in the service of this matter. Plaintiff has provided sufficient information to effect service

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of the Summons and Complaint.

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Having reviewed Plaintiff’s motion, and for the reasons stated above, the Court hereby
finds and ORDERS:
1.

Plaintiff’s Motion for Service by U.S. Marshal (Dkt. #17) is GRANTED.

2.

The United States Marshal shall send the following to each named Defendant by

first class mail: a copy of the Complaint (Dkt. #4) and of this Order, a copy of the appropriate
Summons (Dkt. #10), two copies of the Notice of Lawsuit and Request for Waiver of Service
of Summons, a Waiver of Service of Summons, and a return envelope, postage prepaid,

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addressed to the Clerk’s Office for each Defendant. All costs of service shall be advanced by

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the United States. The Clerk SHALL assemble the necessary documents to effect service.

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3.

The Clerk shall mail a copy of this Order to Plaintiff via U.S. Mail.

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DATED this 16th day of February 2018.

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER GRANTING MOTION FOR SERVICE BY UNITED STATES MARHSAL - 2