Gonzalez v. Chao
- Proceeding
- district
- Area
- civil
- Panel
- Gonzalo P. Curiel (author)
Analysis
The court reviewed a pro se plaintiff's response to an Order to Show Cause regarding difficulties in effecting service. The court granted the plaintiff's request for U.S. Marshal service, directed the Clerk to issue an IFP package, extended the time for service, and set a status hearing.
| What the court decided | The model |
|---|---|
Granting Plaintiff's request for U.S. Marshal service“The Court GRANTS Plaintiff’s request for U.S. Marshal service pursuant to Federal Rule of Civil Procedure 4(c)(3).” | agree with court The court correctly construed the pro se plaintiff's letter as a request for assistance under 28 U.S.C. § 1915(d) and Fed. R. Civ. P. 4(c)(3), which allows for service by the U.S. Marshal in in forma pauperis cases. |
Extending time for effecting service“for good cause appearing, the Court EXTENDS the time for effecting service for 45 days, pursuant to Federal Rule of Civil Procedure 4(m).” | agree with court The court found good cause for the extension based on the plaintiff's need for U.S. Marshal service and the time required to process the IFP package. |
Setting a status hearing“IT IS FURTHER ORDERED that a telephonic status hearing be set on March 2021 at 1:00 PM for briefing on Plaintiffs prosecution of the case.” | agree with court The court exercised its inherent authority to manage the docket and ensure the case is progressing. |
The order itself: sound — The order is a straightforward procedural ruling that correctly applies the relevant statutes and rules for in forma pauperis service. It properly construes the pro se plaintiff's request and provides clear instructions for the Clerk and U.S. Marshal.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ANGELICA GRACIA GONZALEZ, Case No.: 20-cv-530-GPC-JLB 12 Plaintiff, ORDER: 13 v. (1) DIRECTING U.S. MARSHAL TO 14 ELAINE L. CHAO, Secretary Department EFFECT SERVICE; AND of Transportation, 15 Defendant. (2) SETTING STATUS HEARING 16 17 [ECF No. 9] 18 On January 12, 2021, Plaintiff filed nunc pro tunc a response letter to this Court’s 19 Order to Show Cause. ECF No. 9. The response letter expressed Plaintiff’s difficulties 20 in effecting service. See id. 21 Construing the pro se Plaintiff’s response liberally, see Bernhardt v. Los Angeles 22 Cty., 339 F.3d 920, 925 (9th Cir. 2003), the Court constructs Plaintiff’s plea as needing 23 assistance from the U.S. Marshal to effect service. See 28 U.S.C. § 1915(d) (discussing 24 the service process for proceedings in forma pauperis). The Court GRANTS Plaintiff’s 25 request for U.S. Marshal service pursuant to Federal Rule of Civil Procedure 4(c)(3). 26 27 1 Accordingly, the Court DIRECTS the Clerk of the Court to re-issue a summons as 2 || to Plaintiff’s Complaint upon Defendant, and provide Plaintiff with the “IFP Package,” 3 || consisting of the following: 4 1. The re-issued Summons; 5 2. A certified copy of this Order; 6 3. A certified copy of the Court’s Order granting Plaintiff's motion to proceed 7 in forma pauperis, ECF No. 5; 8 4. A certified copy of the Complaint; and 9 5. A blank U.S. Marshal Form 285. 10 Plaintiff shall complete the U.S. Marshal Form 285, and forward the Form 285 11 || along with the rest of the IFP Package to the U.S. Marshal. The Court reminds Plaintiff 12 || that plaintiffs must comply with the special requirements outlined in Federal Rule of 13 || Civil Procedure 4(i) for serving the United States and its agencies, officers, or employees. 14 Upon receipt of the IFP Package, the U.S. Marshal is ORDERED to serve a copy 15 || of the Complaint and re-issued Summons upon the Defendant as directed by Plaintiff on 16 complete U.S. Marshal Form 285. All costs of service will be advanced by the 17 || United States. See 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3). In addition, for good 18 ||cause appearing, the Court EXTENDS the time for effecting service for 45 days, 19 || pursuant to Federal Rule of Civil Procedure 4(m). 20 IT IS FURTHER ORDERED that a telephonic status hearing be set on March 21 2021 at 1:00 PM for briefing on Plaintiffs prosecution of the case. 22 IT IS SO ORDERED. 23 24 ||Dated: January 21, 2021 25 Hon. athe Coke 26 United States District Judge 27 28 20-cv-530-GPC-JLB