Opinion
No. 2:10-cv-2522 KJN P
09-13-2011
VANCE EDWARD JOHNSON, Plaintiff, v. R. JANZEN, et al., Defendants.
ORDER
Plaintiff is a state prisoner proceeding without counsel. On July 29, 2011, defendant R. Janzen was ordered to show good cause for his failure to waive service of process. On August 10, 2011, defendant filed a response to the order to show cause. Defendant Janzen filed an answer on June 30, 2011.
Defendant Janzen has shown good cause for his failure to waive service of process. Defendant Janzen was not assigned to a prison for most of 2011, and the waiver of service form sent to the California Department of Corrections and Rehabilitation ("CDCR") office in Rancho Cordova on May 4, 2011, was not given to defendant Janzen. Defendant Janzen did not return the waiver because he was not made aware of this lawsuit until June 10, 2011. Accordingly, the order to show cause is discharged, and defendant Janzen is relieved of his obligation to pay the U.S. Marshal the sum of $134.32.
Counsel for defendants is cautioned that the failure of CDCR employees at the Rancho Cordova office, or any CDCR office, for that matter, to deliver mailed waivers to defendants in the future will not constitute good cause. United States mail sent to a person's employer should be delivered to the employee. Moreover, this court may deem future failure to deliver mail from the United States Marshal as interference with this court's efforts to accomplish service of process.
Accordingly, IT IS HEREBY ORDERED that:
1. The July 29, 2011 order to show cause is discharged; and
2. Defendant Janzen is relieved of his obligation to pay the U.S. Marshal the sum of $134.32.
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE