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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

HARRY MICHAEL WRIGHT,

Plaintiff,

v. CASE NO. 4:10-cv-474-SPM-GRJ

MORRIS YOUNG, et al.,

Defendants.

_____________________________/

O R D E R

Before the Court is Plaintiff’s Request To The Clerk Of Court For Service Of

Process Pursuant To Rule 4(c)(3). (Doc. 14.) Pursuant to this Court’s September 9,

2011 order (Doc. 13), the Plaintiff provided the Clerk of Court with completed summons

forms, waiver of service forms and service copies of the Amended Complaint for each

Defendant. In his motion, Plaintiff asks the Court to direct the United States Marshal to

serve the Defendants on Plaintiff’s behalf pursuant to Fed. R. Civ. P. 4(c)(3).

Plaintiff paid the full filing fee when he initiated this lawsuit and, because he is

not proceeding in forma pauperis, he is responsible for serving the First Amended

Complaint upon each Defendant. 

Pursuant to Fed. R. Civ. P. 4(c)(3), “[a]t the Plaintiff’s request, the court may

order that service be made by a United States marshal or deputy marshal or by a

person specially appointed by the court.” Before a federal court may order appointment

of the United States Marshal to effect service of process on behalf of a plaintiff who has

paid the filing fee, however, the plaintiff must first attempt to complete service of

process on his own. See, e.g., Bax v. Executive Office for U.S. Attorneys, 216 F.R.D.

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4, 4 (D.D.C. 2003)(noting “courts have held that a plaintiff requesting service by the

United States Marshal first must attempt service by some other means authorized by

Rule 4"); Jones v. Goodman, No. 91-7560, 1992 WL 18556324, at *1 (E.D. Pa. July 21,

1992)(“Plaintiff appears to believe that service by a United States marshal is made

available to litigants upon request. Quite the contrary, Fed.R.Civ.P. 4(c)(2)(B)(iii)

[precursor to the current Rule 4(c)(3)] indicates that a court may issue an order

instructing service by a marshal only if required to properly effect service in an

action....Consequently, before this court invokes the resources of the government to

effect service of process in this matter, plaintiff must first exert some effort to complete

service pursuant to Rule 4(c)(2)(C).”). 

Plaintiff’s motion does not demonstrate any prior efforts by Plaintiff to serve the

Defendants in accordance with Rule 4. Accordingly, Plaintiff’s motion will be DENIED

without prejudice to Plaintiff’s right to refile the motion in the event his attempts to serve

the Defendants prove unsuccessful.

Accordingly, it is hereby ORDERED:

1. Plaintiff’s Request To The Clerk Of Court For Service Of Process

Pursuant To Rule 4(c)(3) (Doc. 14) is DENIED without prejudice to

Plaintiff’s right to refile the motion in the event his attempts to serve the

Defendants prove unsuccessful. 

2. The Clerk of Court is directed to issue the summonses, and send the

summonses, the service copies of the First Amended Complaint (Doc. 9),

and the prepared waiver of service forms back to the Plaintiff. 

3. Plaintiff shall serve a copy of the First Amended Complaint and summons

Case No: 4:10-cv-474-SPM-GRJ

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and a waiver of service form upon each named Defendant in accordance

with Rule 4. 

DONE AND ORDERED this 26 day of September, 2011. 

th

s/Gary R. Jones 

GARY R. JONES

United States Magistrate Judge

Case No: 4:10-cv-474-SPM-GRJ

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