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Smith v. Crones

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 18, 2009

JARMAAL LARONDE SMITH, PLAINTIFF,
v.
LEANN CRONES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Arthur L. Alarcón United States Circuit Judge

ORDER

I.

On February 27, 2009, this Court issued an order to show cause why sanctions should not be imposed against the United States Marshal for the Eastern District of California, Antonio C. Amador, for repeated instances of what appears to be his willful noncompliance with this Court's orders.

On March 13, 2009, Marshal Amador filed a response to the order to show cause. In his response, Marshal Amador apologized to the Court, and stated that he believed he had "complied with the intent" of the Court's orders. (Doc. 32). Marshal Amador asserted that he should have communicated with the Court concerning the difficulties he encountered in complying with the Court's orders. While Marshal Amador offered this explanation for some of the delays incurred in complying with the Court's orders concerning the service of process on defendants in this matter, he has not offered any excuse or an apology for his failure to comply with this Court's earlier order to show cause, issued on February 4, 2009.

Notwithstanding Marshal Amador's misconduct and negligence in failing to comply with three of this Court's orders, the Court will accept his apology. It was disturbing to discover, however, that a United States Marshal did not understand that a court order must be obeyed unless a request has been made to extend the time for compliance based on exigent circumstances. This Court is hopeful that this type of misconduct will not be repeated. The Court assumes that Marshal Amador intends not only to take steps to improve his procedures for serving in forma pauperis process, but also to take personal steps to insure that he will timely comply with all court orders, or seek relief from compliance based on exigent circumstances.

Accordingly, IT IS HEREBY ORDERED that:

1. The Court's order to show cause why sanctions should not be imposed against the Marshal for repeated instances of what appears to be his willful noncompliance with this Court's orders is HEREBY VACATED.

2. The Clerk shall deliver a copy of this order to: John Clark Director U.S. Marshals Service USMS Headquarters Crystal Square Arlington, VA 20530-1000 and Gerald Auerbach General Counsel U.S. Marshals Service USMS Headquarters Crystal Square Arlington, VA 20530-1000.

20090318

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