Gonzalez v. Chao

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

ANGELICA GRACIA GONZALEZ, Case No.: 20-cv-530-GPC-JLB Plaintiff,

ORDER: v. (1) DIRECTING U.S. MARSHAL TO ELAINE L. CHAO, Secretary Department

EFFECT SERVICE; AND of Transportation,

Defendant. (2) SETTING STATUS HEARING

[ECF No. 9]

On January 12, 2021, Plaintiff filed nunc pro tunc a response letter to this Court’s Order to Show Cause. ECF No. 9. The response letter expressed Plaintiff’s difficulties in effecting service. See id.

Construing the pro se Plaintiff’s response liberally, see Bernhardt v. Los Angeles Cty., 339 F.3d 920, 925 (9th Cir. 2003), the Court constructs Plaintiff’s plea as needing assistance from the U.S. Marshal to effect service. See 28 U.S.C. § 1915(d) (discussing the service process for proceedings in forma pauperis). The Court GRANTS Plaintiff’s request for U.S. Marshal service pursuant to Federal Rule of Civil Procedure 4(c)(3).

Accordingly, the Court DIRECTS the Clerk of the Court to re-issue a summons as to Plaintiff’s Complaint upon Defendant, and provide Plaintiff with the “IFP Package,” consisting of the following:

1. The re-issued Summons;

2. A certified copy of this Order;

3. A certified copy of the Court’s Order granting Plaintiff's motion to proceed in forma pauperis, ECF No. 5;

4. A certified copy of the Complaint; and

5. A blank U.S. Marshal Form 285.

Plaintiff shall complete the U.S. Marshal Form 285, and forward the Form 285 along with the rest of the IFP Package to the U.S. Marshal. The Court reminds Plaintiff that plaintiffs must comply with the special requirements outlined in Federal Rule of Civil Procedure 4(i) for serving the United States and its agencies, officers, or employees. Upon receipt of the IFP Package, the U.S. Marshal is ORDERED to serve a copy of the Complaint and re-issued Summons upon the Defendant as directed by Plaintiff on complete U.S. Marshal Form 285. All costs of service will be advanced by the United States. See 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3). In addition, for good cause appearing, the Court EXTENDS the time for effecting service for 45 days, pursuant to Federal Rule of Civil Procedure 4(m).

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.

IT IS SO ORDERED.

Dated: January 21, 2021

Hon. athe Coke

United States District Judge 20-cv-530-GPC-JLB