Carter v. Cannedy et al
Filing
66
ORDER signed by Senior Circuit Judge J. Clifford Wallace on 11/16/2011 ORDERING that within fourteen days from the date of this order defendant S. Rivas shall pay to the United States Marshal the sum of $819.20, unless within that time defendan t files a written statement showing good cause for his failure to waive service. I do not intend to extend this fourteen day period. The Clerk of the Court is directed to serve a copy of this order on the U.S. Marshal. (cc: U.S. Marshal) (Zignago, K.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RAASHAD CARTER,
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Plaintiff,
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No. 08 CV 2381 JCW
ORDER
vs.
L. CANNEDY, et al.,
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Defendants.
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/
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this action seeking
relief pursuant to 42 U.S.C. § 1983.
On May 4, 2011, I ordered the United States Marshal to serve process upon the
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defendants in this case. The Marshal was directed to attempt to secure a waiver of service before
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attempting personal service on defendants. If a waiver of service was not returned within sixty
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days, the Marshal was directed to effect personal service on the defendant in accordance with the
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provisions of Rule 4 of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c), without
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prepayment of costs, and to file the return of service with evidence of any attempt to secure a
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waiver of service and with evidence of all costs subsequently incurred in effecting personal
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service.
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On September 14, 2011, the United States Marshal filed a return of service with a
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USM-285 form showing total charges of $819.20 for effecting personal service on defendant
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S. Rivas. The form shows that a waiver of service form was mailed to the defendant on May 6,
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2011, and that no response was received.
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Rule 4 of the Federal Rules of Civil Procedure provides, in part, as follows:
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An individual, corporation, or association that is subject to service
under subdivision (e), (f), or (h) and that receives notice of an
action in the manner provided in this paragraph has a duty to avoid
unnecessary costs of serving the summons . . . .
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If a defendant located within the United States fails to comply with
a request for waiver made by a plaintiff located within the United
States, the court shall impose the costs subsequently incurred in
effecting service on the defendant unless good cause for the failure
be shown.
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Fed. R. Civ. P. 4(d)(2).
I find that defendant S. Rivas was given the opportunity required by Rule 4(d)(2) to waive
service and has failed to comply with the request.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
Within fourteen days from the date of this order defendant S. Rivas shall pay to the
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United States Marshal the sum of $819.20, unless within that time defendant files a written
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statement showing good cause for his failure to waive service. I do not intend to extend this
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fourteen day period.
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2.
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Marshal.
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DATED: November 16, 2011
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The Clerk of the Court is directed to serve a copy of this order on the U.S.
/s/ J. Clifford Wallace
J. Clifford Wallace
United States Circuit Judge
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