Colbourn v. Mantei et al
Filing
27
ORDER signed by Magistrate Judge John F. Moulds on 11/7/2011 ORDERING that within 14 days defendant Curtis shall pay to the United States Marshal the sum of $56.02, unless within that time defendant files a written statement showing good cause for his failure to waive service; and the clerk to serve a copy of this order on the U.S. Marshal. (cc: USM) (Yin, K)
<![CDATA[
1
2
3
4
5
IN THE UNITED STATES DISTRICT COURT
6
FOR THE EASTERN DISTRICT OF CALIFORNIA
7
ORRIN COLBOURN,
Plaintiff,
8
9
10
11
vs.
DEPUTY T. MANTEI, et al.,
Defendants.
14
15
ORDER
/
12
13
No. 2:11-cv-0340 WBS JFM (PC)
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 July 5, 2011, the court ordered the United States Marshal to serve process
16
upon defendants in this case. The Marshal was directed to attempt to secure a waiver of service
17
before attempting personal service on defendants. If a waiver of service was not returned within
18
sixty days, the Marshal was directed to effect personal service on the defendant in accordance
19
with the provisions of Rule 4 of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c),
20
without prepayment of costs, and to file the return of service with evidence of any attempt to
21
secure a waiver of service and with evidence of all costs subsequently incurred in effecting
22
personal service.
23
On October 31, 2011, the United States Marshal filed a return of service with a
24
USM-285 form showing total charges of $56.02 for effecting personal service on defendant
25
Deputy Curtis. The form shows that a waiver of service form was mailed to the defendant on
26
July 6, 2011, and that no response was received.
1
Rule 4 of the Federal Rules of Civil Procedure provides, in pertinent part, as
1
2
follows:
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 . . . .
3
4
5
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.
6
7
8
9
Fed. R. Civ. P. 4(d)(2).
The court finds that defendant Curtis was given the opportunity required by Rule
10
11
4(d)(2) to waive service and has failed to comply with the request.
12
Accordingly, IT IS HEREBY ORDERED that:
13
1. Within fourteen days from the date of this order defendant Curtis shall pay to
14
the United States Marshal the sum of $56.02, unless within that time defendant files a written
15
statement showing good cause for his failure to waive service. The court does not intend to
16
extend this fourteen day period.
2. The Clerk of the Court is directed to serve a copy of this order on the U.S.
17
18
Marshal.
19
DATED: November 7, 2011.
20
21
22
23
12;colb0340.taxcost
24
25
26
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
