Green v. Kerstein et al

Filing 16

ORDER directing the Clerk to redesignate Docket Entry 15 as Green's Motion for Service; granting 15 Motion for Service; directing the Clerk to issue a new summons for Dr. Kashiff; and directing the U.S. Marshal to serve the summons, 2 Complaint, 3 Amended Complaint, and this Order on Dr. Kashiff. Signed by Magistrate Judge J. Thomas Ray on 1/17/2023. (ldb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
DELTA DIVISION
CHARLES DANIELS GREEN
ADC #113257
V.

PLAINTIFF

No. 2:22-CV-00083-BSM-JTR

GARY KERSTEIN,
Health Care Provider, Wellpath, et al.

DEFENDANTS

ORDER
On December 23, 2022, the summons issued to Defendant Dr. Mohammad
Kashiff (“Dr. Kashiff”), through the Humphries, Odum & Eubanks law firm, was
returned unexecuted, along with a letter from attorney Michelle Odum explaining
that her firm could not accept service for Dr. Kashiff because he “is a provider
outside the prison system in Pine Bluff, Arkansas and is not a Wellpath employee.”1
Doc. 12.
Thus, on December 28, 2022, the Court gave Plaintiff Charles Daniels Green
(“Green”) until March 28, 2023 to file a Motion for Service that provides a valid
service address for Dr. Kashiff. Doc. 13.
On January 13, 2023, Green provided an updated service address for Dr.
Kashiff. Doc. 15. The Court construes this filing as Green’s Motion for Service,

1

The Humphries, Odum & Eubanks law firm represents Wellpath, the contract medical
provider for the Arkansas Division of Correction (“ADC”).
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which will be granted, with service to be reissued to Dr. Kashiff at the new address
provided by Green.
IT IS THEREFORE ORDERED THAT:
1.

The Clerk is directed to redesignate Docket Entry 15 as Green’s Motion

for Service.
2.

Green’s Motion for Service (Doc. 15) is GRANTED.

3.

The Clerk is directed to issue a new summons for Dr. Kashiff. The

United States Marshall is direct to serve the summons, Complaint (Doc. 2),
Amended Complaint (Doc. 3), and this Order on Dr. Kashiff at the new address
provided by Green: 1801 West 40th Avenue, Suite 7A, Pine Bluff, Arkansas 71603.
DATED this 17th day of January, 2023.
_____________________________________
UNITED STATES MAGISTRATE JUDGE

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