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Addendum to Application to Proceed Without Prepaying Fees or Costs

Rule 4 of the Federal Rules of Civil Procedure contains rules for service of the summons and complaint. As noted in Rule 4(c)(1), “[t]he plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service.”

Rule 4(m) states that “If a defendant is not served within 90 days after the complaint is filed, the court – on motion or on its own after notice to the plaintiff – must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend time for service for an appropriate period.”

Rule 4(c)(3) states that at 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. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915.”

Complete this form declaring to the Court how you wish to attempt to effect service of your summons and complaint.

If you are requesting that the Court order the United States Marshal to effect service upon the named defendant(s) in your matter, you are responsible for providing completed summons and USM-285 forms with an accurate physical service address for each named defendant in your civil complaint. If you are unable to provide an accurate physical service address for the named defendant(s) in your civil complaint, the U.S. Marshal will be unable to execute service upon them. Service cannot be made on a defendant at a P.O. Box.

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