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Steve Wilhelm v. Anthony Enenmoh

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 1, 2012

STEVE WILHELM,
PLAINTIFF,
v.
ANTHONY ENENMOH, ET AL., DEFENDANTS.

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

ORDER REQUIRING DEFENDANTS TO REIMBURSE UNITED STATES MARSHALS SERVICE (DOCS. 39, 42

Plaintiff Steve Wilhelm ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants Anthony Enenmoh, J. Walker, Rotman, and G. Miller for deliberate indifference to a serious medical need in violation of the Eighth Amendment.*fn1 On January 13, 2012 and January 20, 2012, the United States Marshal returned the USM-285 forms and the executed waivers of service. Docs. 38, 40, 41. On January 13, 2012 and January 20, 2012, the Marshal also filed a request for reimbursement for personal service pursuant to Rule 4(d)(2) of the Federal Rules of Civil Procedure. Docs. 39, 42.

Pursuant to Rule 4(d)(2), "If a defendant located within the United States fails, without good cause, to sign and return a waiver [of service] requested by a plaintiff located within the United States, the court must impose on the defendant . . . the expenses later incurred in making service." Fed. R. Civ. P. 4(d)(2). Here, Defendants Enenmoh, Walker, and Miller appeared in this action by filing an answer but failed to sign and return a waiver of service. The United State Marshal then personally served the three Defendants. There does not appear to be good cause for Defendants' failure to return a signed waiver of service, in light of the Federal Rules of Civil Procedure and the Court's September 23, 2011 Order, which explicitly warned Defendants that filing an answer or responsive motion does not relieve them of the requirement of returning a signed waiver. Order ¶ 5, Doc. 25.

Accordingly, it is HEREBY ORDERED that Defendants Enenmoh, Walker, and Miller are to reimburse the United State Marshals Service for the expenses of effecting personal service. The reimbursement amount is enumerated on the Marshal's Memoranda, dated January 13, 2012 and January 20, 2012, and docketed at Court Docket Nos. 39 and 42.

IT IS SO ORDERED.


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