Opinion
2:22-CV-636-DGE-DWC
07-21-2023
MICHAEL A. WOOD, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants.
ORDER RE-DIRECTING SERVICE OF CIVIL RIGHTS COMPLAINT
David W. Christel Chief United States Magistrate Judge.
This is a civil rights action brought pursuant to 42 U.S.C. § 1983 and Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). Plaintiff is proceeding with this action pro se and in forma pauperis. The Court previously directed service in this matter. Dkt. 19. Defendant Bureau of Prisons (“BOP”) has filed a motion contending it has not been properly served in accordance with Fed.R.Civ.P. 4(i)(2). Dkt. 33 at 4.
(1) Extension of Time to Effectuate Service
Because Plaintiff is proceeding in forma pauperis, “[t]he officers of the court shall issue and serve all process.” 28 U.S.C. § 1915(d). However, if there is an error in the effectuation of service by the Court or the Marshal a plaintiff should be penalized. Puett v. Blandford, 912 F.2d 270, 275 (9th Cir. 1990). Instead, any failure to effect service is “‘automatically good cause within the meaning of Rule 4([m]).'” Walker v. Sumner, 14 F.3d 1415, 1422 (9th Cir. 1994) (quoting Sellers v. United States, 902 F.2d 598, 603 (7th Cir.1990)).
Accordingly, the Court finds there is good cause to extend the time for service pursuant to Fed.R.Civ.P. 4(m) until September 1, 2023.
(2) Service by Clerk
Pursuant to Fed.R.Civ.P. 4(i), the Clerk is directed to send the following to Defendant BOP and to the civil-process clerk at the United States Attorney's office by registered or certified mail postage prepaid and return receipt requested: a copy of Plaintiff's Second Amended Complaint (Dkt. 18), a summons, and a copy of this Order. The Clerk is also directed to send a copy of each of these documents by registered or certified mail to the Attornrey General of the United States at Washington, D.C.
(3) Prior Order
All portions of this Court's prior Order Directing Service (Dkt. 19) that do not contradict this Order remain in full force and effect.
(4) The Clerk is directed to send copies of this Order to plaintiff. The Clerk is further directed send a copy of this Order and a courtesy copy of plaintiff's Second Amended Complaint to the Office of the United States Attorney, Western District of Washington, by first-class mail, by first-class mail.