Filed: Aug. 09, 2019
Latest Update: Aug. 09, 2019
Summary: ORDER DIRECTING UNITED STATES MARSHALS SERVICE TO MAKE FURTHER ATTEMPTS TO SERVE WITHOUT PREPAYMENT OF COSTS ERICA P. GROSJEAN , Magistrate Judge . The Court previously found service of the complaint to be appropriate (ECF No. 6) and directed the United States Marshals Service to serve defendants, including defendant Stephen Shellans, Jr. (ECF No. 8). On July 30, 2019, the summons was returned unexecuted as to defendant Stephen Shellans, Jr. (ECF No. 9.) As the Deputy United States Marshal
Summary: ORDER DIRECTING UNITED STATES MARSHALS SERVICE TO MAKE FURTHER ATTEMPTS TO SERVE WITHOUT PREPAYMENT OF COSTS ERICA P. GROSJEAN , Magistrate Judge . The Court previously found service of the complaint to be appropriate (ECF No. 6) and directed the United States Marshals Service to serve defendants, including defendant Stephen Shellans, Jr. (ECF No. 8). On July 30, 2019, the summons was returned unexecuted as to defendant Stephen Shellans, Jr. (ECF No. 9.) As the Deputy United States Marshal ..
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ORDER DIRECTING UNITED STATES MARSHALS SERVICE TO MAKE FURTHER ATTEMPTS TO SERVE WITHOUT PREPAYMENT OF COSTS
ERICA P. GROSJEAN, Magistrate Judge.
The Court previously found service of the complaint to be appropriate (ECF No. 6) and directed the United States Marshals Service to serve defendants, including defendant Stephen Shellans, Jr. (ECF No. 8). On July 30, 2019, the summons was returned unexecuted as to defendant Stephen Shellans, Jr. (ECF No. 9.)
As the Deputy United States Marshal ("DUSM") who attempted service explained, the Human Resources department of the hospital where Shellans works declined to accept process on behalf of Shellans, and a security guard at the hospital would not let the DUSM enter the premises to serve process on Shellans and would not accept process on behalf of Shellans. The DUSM thus left his card and process on the security guard's desk and left the premises. (ECF No. 9.)
The Court will direct the United States Marshals Service to make further attempts to serve defendant Stephen Shellans, Jr.
The Court notes that under Rule 4(e), "an individual—other than a minor, an incompetent person, or a person whose waiver has been filed—may be served" by either
(1) following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made; or
(2) doing any of the following:
(A) delivering a copy of the summons and of the complaint to the individual personally;
(B) leaving a copy of each at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there; or
(C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process.
Fed. R. Civ. P. 4(e)(1), (2).
The permissible methods of service of a summons and complaint under California law are set forth in California Civil Procedure Code § 413.10 et seq. These methods of service include (1) by personal delivery of a copy of the summons and complaint to the person to be served, as specified in Cal. Civ. P. Code § 415.10;1 (2) by leaving copy of the summons and complaint at the office, dwelling house, usual place of abode or business, or usual mailing address using the procedures and under the conditions set forth in Cal. Civ. Proc. Code § 415.20;2 or (3) by mail using the procedures and under the conditions set forth in Cal. Civ. Proc. Code § 415.30.
IT IS ORDERED that the United States Marshals Service is directed to make further attempts to serve defendant Stephen Shellans, Jr., pursuant to the Order Directing Service by the United States Marshals Services without Prepayment of Costs (ECF No. 8), and Federal Rule of Civil Procedure 4.
IT IS SO ORDERED.
