California Case Summaries

Rafael Guadalupe Palacios Ozuno v. Sergio Albarran, et al. — Court Orders U.S. Marshal to Effect Service for Detained Pro Se Plaintiff

Unreported / Non-Citable

Case
Rafael Guadalupe Palacios Ozuno v. Sergio Albarran, et al.
Court
U.S. District Court — Northern District of California
Judge
Beth Labson Freeman
Date decided
2026-10-15
Docket No.
5:26-cv-11536
Topics
service of process, Rule 4(c)(3), U.S. Marshal service, pro se litigant, detained plaintiff, appointment of counsel denied, summons

Disposition notice

Judge Beth Labson Freeman of the U.S. District Court for the Northern District of California construed plaintiff Rafael Guadalupe Palacios Ozuno's request for court-appointed counsel and other remedial requests as also making an ancillary request that the court order service on his behalf. Citing Rule 4(c)(3), the court explained that it may order service by a U.S. Marshal even for a plaintiff not proceeding in forma pauperis, and found that doing so served the interests of justice because Ozuno proceeds pro se, his request for counsel was denied, and he is currently detained and unable to execute service himself. The court ordered the Clerk to issue summons for defendants and directed that service of process be effected by the U.S. Marshal for the Northern District of California.

Read the public order

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