Ozuno v. Albarran et al

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United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
RAFAEL GUADALUPE PALACIOS
OZUNO,
Plaintiff,
v.
SERGIO ALBARRAN, et al.,
Defendants.
Case No. 26-cv-11536-BLF
ORDER RE SERVICE
The Court construes Petitioner’s request for court-appointed counsel and other remedial
requests as also making an ancillary request that the Court order service on his behalf. See ECF Nos.
1, 2. Rule 4(c)(3) provides that: “[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. Fed.
R. Civ. P. 4(c)(3). Under the plain language of the rule, federal courts may order service on the
plaintiff’s behalf even if that plaintiff is not proceeding in forma pauperis (IFP).
Construing the motion as such serves the interests of justice. Petitioner proceeds per se—the
Court denied his request for appointment of counsel, see ECF No. 3—and he is currently detained;
hence, he is “unable to execute service upon the Defendants on his own behalf and to timely pursue
the prosecution of his case.” Moore v. Duran, 2023 WL 3441581, at *2 (S.D. Cal. Apr. 24, 2023)
(construing motion as a motion for IFP and granting said motion “in light of Plaintiff’s pro se and
incarcerated status,” even where Plaintiff paid a $402 filing fee).
Case 5:26-cv-11536-BLF Document 4 Filed 10/15/26 Page 1 of 2

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United States District Court
Northern District of California
Accordingly, IT IS HEREBY ORDERED THAT the Clerk of the Court shall issue summons
for Defendants. It is further ordered service of process be effected by the U.S. Marshal for the
Northern District of California.
IT IS SO ORDERED.
Dated: October 15, 2026
______________________________________
BETH LABSON FREEMAN
United States District Judge
Case 5:26-cv-11536-BLF Document 4 Filed 10/15/26 Page 2 of 2