OSANDE
v.
COFFIN
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Pro se plaintiff Osande requested that the court order the U.S. Marshal to serve process on defendant Coffin. The court denied the request without prejudice, holding that the plaintiff must first exhaust other reasonable means of effecting service privately before the court may exercise its discretion to appoint a U.S. Marshal.
The court denied the plaintiff's motion without prejudice, holding that before directing the U.S. Marshal to effect service, the court must determine whether the plaintiff has exhausted other reasonable means of effecting service privately, and the plaintiff failed to make such a showing.
[1] A court may, at the plaintiff's request, order that service of process be made by a United States marshal or deputy marshal.
[2] A court's decision to appoint a U.S. …
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“At the plaintiff's request, the court may order that service be made by a United States marshal or deputy marshal.”
Establishes the legal authority for the court to grant such requests under Fed. R. Civ. P. 4(c)(3)
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiff Dominique Osande, proceeding pro se, filed a motion requesting that the court direct service of process by United States Marshal on defendan…
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Plaintiff Dominique Osande, proceeding pro se, requests that the court direct service of process by United States Marshal. (Doc. 6).
The Federal Rules of Civil Procedure provide that "[a]t the plaintiff's request, the court may order that service be made by a United States marshal or deputy marshal." Fed. R. Civ. P. 4(c)(3). “If the plaintiff is not authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916, Rule 4 leaves to the court's discretion the decision as to whether appointing a U.S. Marshal to effectuate service would be appropriate.” Bryant v. Publix Super Markets, Inc., No. 1:20-CV-3916-JPB-CCB, 2020 WL 10066391, at *1 (N.D. Ga. Nov. 23, 2020). But, before directing the U.S. Marshal to effect service, the court “should determine whether [the] plaintiff has exhausted other reasonable means of effecting service privately[.]” Shaw v. Hall, No. 5:12-
CV-0135-CAR-MSH, 2013 WL 5571235, at *13 (M.D. Ga. Oct. 9, 2013); see also Rainey v. Ga. Dep't of Juv. Justice, No. 1:06-CV-1834-BBM, 2006 WL 8433760, at *1 (N.D. Ga. Sept. 25, 2006) (holding that a private plaintiff requesting a discretionary order directing service by the U.S. Marshal must show that she is unable to effect service by other means provided under the Federal Rules).
Ms. Osande has not shown that she has attempted to serve the defendant via a private process server or other means. Accordingly, Ms. Osande's motion for an order directing service of process by U.S. Marshal (Doc. 6) is DENIED without prejudice.
ORDERED in Tampa, Florida, on February 19, 2025.
Amanda Arnold Samsone AMANDA ARNOLD SANSONE United States Magistrate Judge
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Osande v. Coffin, 2020 WL 10066391 (M.D. Fla. 2025)…plaintiff has exhausted other reasonable means of effecting service privately[.]” Shaw v. Hall, No. 5:12- CV-0135-CAR-MSH, 20138 WL 5571235, at *13 (M.D. Ga. Oct. 9, 2013); see also Rainey v. Ga. Dep't of Juv. Justice, No. 1:06-CV-1834-BBM, 2006 WL 8433760, at *1 (N.D. Ga. Sept. 25, 2006) (holding that a private plaintiff requesting a discretionary order directing service by the U.S. Marshal must show that she is unable to effect service by other means provided under the Federal Rules). M…1 / 3
Authorities Cited
- Osande v. Coffin, 2020 WL 10066391 (M.D. Fla. 2025)