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Robert Rodriguez v. Officer Tushnet

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 23, 2012

ROBERT RODRIGUEZ,
PLAINTIFF,
v.
OFFICER TUSHNET, DEFENDANT.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER REQUIRING DEFENDANT TO RESPOND TO UNITED STATES MARSHAL'S REQUEST FOR REIMBURSEMENT OF COSTS (Doc. 17)

RESPONSE DUE WITHIN TWENTY-ONE DAYS

Plaintiff Robert Rodriguez ("Plaintiff") is a county jail inmate proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is a request for reimbursement submitted by the United States Marshal on January 13, 2012. (Doc. 17.) Pursuant to Federal Rule of Civil Procedure 4(d)(2), if a defendant, without good cause, fails to sign and return a waiver requested by a plaintiff, the Court must impose on defendants the expenses later incurred in making service. Because Plaintiff is proceeding in forma pauperis, service must be effected by the United States Marshal. Fed. R. Civ. P. 4(c)(3). Defendant Tushnet has yet to respond to the Marshal's request. Accordingly, it is HEREBY ORDERED that Defendant is to respond to the Marshal's request for reimbursement within twenty-one (21) days from the date of service of this order.

IT IS SO ORDERED.

20120123

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