Gibbs v. Lane et al
Filing
18
ORDER extending the time for service until 3/3/2025; directing the Clerk to prepare a new summons for Defendant Morphis; and directing the U.S. Marshal to serve Defendant Morphis, via personal service or restricted delivery only, with the summons and copies of the 2 and 4 complaint and supplemental complaint, the Court's screening and service Orders 5 & 13 , and this Order, without prepayment of fees and costs or security therefor. Signed by Judge Lee P. Rudofsky on 1/29/2025. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
ALVIS LEE GIBBS, JR.
v.
PLAINTIFF
Case No. 3:21-cv-00123-LPR
AARON MORPHIS,
TFC, State Police
DEFENDANT
ORDER
On February 7, 2024, the Court directed the United States Marshal to serve Defendant
Aaron Morphis with a copy of Plaintiff’s Complaint and Summons.1 The Clerk’s Office filed
proof of service on March 25, 2024, but Defendant Morphis has failed to enter an appearance in
this matter or otherwise respond to Plaintiff’s Complaint.2 A closer look at the process receipt
reveals that the Summons and Complaint were sent to Defendant Morphis via certified mail on
February 28, 2024, and delivered to the headquarters of the Arkansas State Police Highway Patrol
Troop C on March 4, 2024.3 But Defendant Morphis did not sign the return receipt. Instead, a
third party received and signed for the documents. Thus, the Court has no way of knowing whether
Defendant Morphis was ever properly served.
IT IS THEREFORE ORDERED that:
1.
The Court hereby extends the time for service until March 3, 2025.
2.
The Clerk of Court is directed to prepare a new Summons for Defendant Morphis.
3.
The United States Marshal shall serve Defendant Morphis, via personal service or
restricted delivery only, with the Summons and copies of the Complaint (Docs. 2 and 4), the
1
Order (Doc. 13). The Court also directed the Marshal to serve Defendant Morphis with copies of the Court’s original
screening Order (Doc. 5) and the Order directing service (Doc. 13).
2
See Doc. 16.
3
Id.
Court’s screening and service Orders (Docs. 5 and 13), and this Order, without prepayment of fees
and costs or security therefor.
IT IS SO ORDERED this 29th day of January 2025.
_______________________________
LEE P. RUDOFSKY
UNITED STATES DISTRICT JUDGE
2
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