Yarde v. Massachusetts Department of Correction

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
DAVID YARDE,
Plaintiff,
v.
MASSACHUSETTS DEPARTMENT OF
CORRECTION,
Defendant.
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Civil Action No.
25-11119-FDS
ORDER
SAYLOR, J.
Plaintiff David Yarde, a prisoner who is proceeding pro se, has filed an amended
complaint alleging violation of his civil rights by the Massachusetts Department of Correction.
(Dkt. Nos. 1, 4). He has also filed motions to preserve and compel production of surveillance
footage. (Dkt. Nos. 2, 10). Plaintiff has moved for service by the United States Marshals
Service (“USMS”) under Federal Rule of Civil Procedure 4(c)(3). The clerk has issued a
summons for the defendant and mailed copies to the plaintiff. Upon review of this pleading and
motions, the Court hereby orders:
1. 	Plaintiff shall serve each defendant with a summons, the complaint, the amended
complaint, and this order. Service must be completed in accordance with Rule 4 of the Federal
Rules of Civil Procedure.
3. 	The Court GRANTS plaintiff’s motion for service by USMS. The USMS shall
serve the summons, complaint, and this order as directed by plaintiff. Plaintiff is responsible for
providing the USMS all copies for service and for completing a USM-285 form for each
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defendant to be served. The clerk shall provide plaintiff with the form and instructions for
service by the USMS.
4. 	Plaintiff shall have 90 days from the date of the issuance of this order, that is
April 21, 2026, to complete service. Failure to comply with this deadline may result in dismissal
of the case without prior notice to plaintiff. See Fed. R. Civ. P. 4(m); L.R. 4.1 (D. Mass.).
Service is completed when a defendant receives the summons and complaint in
accordance with Rule 4, not when the USMS (or other person effecting service) receives the
papers to be served on a defendant. Plaintiff must provide papers for service to the USMS (or
other person effecting service) well before the 90-day service deadline to ensure that service will
be completed in a timely matter. If plaintiff needs additional time to complete service, he shall
file a motion for an extension of time to complete service in which he “shows good cause” for
such relief. Fed. R. Civ. P. 4(m).1
So ordered.
/s/ F. Dennis Saylor IV
F. Dennis Saylor IV
Dated: January 21, 2026 	United States District Judge
1 “Good cause” for failure to complete service in a timely fashion may include, but is not limited to,
circumstances where, through no fault of Plaintiff, the USMS has not effectuated service prior to 90-day deadline.
See Laurence v. Wall, 551 F.3d 92, 94 (1st Cir. 2008).
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