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Corey D. Speck v. Shasta County Sheriff Department

January 10, 2013

COREY D. SPECK, PLAINTIFF,
v.
SHASTA COUNTY SHERIFF DEPARTMENT, ET AL.,
DEFENDANTS.



ORDER AND ORDER DIRECTING SERVICE BY THE UNITED STATES MARSHAL WITHOUT PREPAYMENT OF COSTS

Plaintiff is a former inmate proceeding without counsel in an action brought under 42 U.S.C. § 1983. He proceeds in forma pauperis. See 28 U.S.C. § 1915. The court previously determined that service of the complaint is appropriate for defendants Kropholler and McQuillan and ordered plaintiff to return the Notice of Submission of Documents, along with a completed summons, sufficient copies of the complaint for service, and information for service of process on the form USM-285. Plaintiff has filed the required papers.

Accordingly, IT IS HEREBY ORDERED that:

1. The December 21, 2012 findings and recommendations (Dckt. No. 18) are vacated.

2. The Clerk of the Court is directed to forward to the United States Marshal the completed summons, the copies of the complaint, and the instructions for service of process, as well as copies of the form Consent to Proceed Before a United States Magistrate Judge, and copies of this order.

3. Within 14 days from the date of this order, the United States Marshal shall notify the above-named defendants of the commencement of this action and request a waiver of service of summons in accordance with the provisions of Fed. R. Civ. P. 4(d) and 28 U.S.C. § 566(c).

4. The United States Marshal shall retain the sealed summons and a copy of the complaint for future use.

5. The United States Marshal shall file returned waivers of service of summons and requests for waivers that are returned as undelivered promptly upon their receipt.

6. If a defendant waives service, the defendant is required to return the signed waiver to the United States Marshal. The filing of an answer or a responsive motion does not relieve a defendant of this requirement, and the failure to return the signed waiver may subject a defendant to an order to pay the costs of service pursuant to Fed. R. Civ. P. 4(d)(2).

7. If a defendant fails to return a waiver of service of summons within 60 days from the date the request for waiver is mailed, the United States Marshal shall:

a. Personally serve process and a copy of this order upon the defendant, see Fed. R. Civ. P. 4, 28 U.S.C. § 566(c), and command all necessary assistance from the California Department of Corrections and Rehabilitation (CDCR) or any last known employer of the defendant to execute this order, while maintaining the confidentiality of all information so provided.

b. File, within 14 days after effecting personal service, the return of service with evidence of any attempts to secure a waiver of service of summons and of the costs incurred in effecting service. Such costs shall be enumerated on the form USM-285 and shall include any costs the United States Marshal's office incurs for photocopying additional copies of the summons and complaint and for preparing new forms USM-285. Costs of service will be taxed against the personally served defendant. See Fed. R. Civ. P. 4(d)(2).

8. Defendants shall reply to the complaint within the time provided in Fed. R. Civ. P. 12(a).

9. Unless otherwise ordered, all motions to dismiss, motions for summary judgment, discovery motions, and motions made under the authority of Fed. R. Civ. P. 7, 11, 12, 15, 41, 55, 56, 59 and 60, and Local Rule ("L.R.") 110 shall be briefed in accordance with L.R. 230(l). Failure to timely file an opposition or statement of no opposition to such a motion may be deemed a waiver of opposition to the motion and may result in the imposition of sanctions. L.R. 230(l). Oppositions to all other motions need to be filed only as directed by the court.

10. If plaintiff is released from prison while this case is pending, any party may request application of the other provisions of L.R. 230 in lieu of L.R. 230(l). Until such a motion is granted, L.R. 230(l) will remain in effect ...


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