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James K. Goldsmith v. L. Davis

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


September 9, 2011

JAMES K. GOLDSMITH, PLAINTIFF,
v.
L. DAVIS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

On August 22, 2011, this court directed defendant Davis to pay the U.S. Marshal the costs of personal service of summons, or to show cause why such costs should not be taxed. (Dkt. No. 25.) Defendant has now shown cause why such costs should not be taxed. (Dkt. No. 26.) Defendant correctly states that the U.S. Marshal, after initially requesting reimbursement (Dkt. No. 21), then withdrew the request (Dkt. No. 24). As set forth in the declaration of A. Brodbeck, filed by defendant, the U.S. Marshal initially sought reimbursement due to the temporary misplacement of defendant Davis' timely signed waiver of service.*fn1 (Dkt. No. 26 at 6.)

Accordingly, for good cause shown, IT IS HEREBY ORDERED that this court's order filed August 22, 2011 (Dkt. No. 25) is vacated.


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