Proctor v. Kelley et al

Filing 44

ORDER directing the Clerk to prepare summons for Defendant at the address provided in 40 Response; the U.S. Marshal is directd to serve a copy of the Complaint (DE#2) and summons on Defendant w/o prepayment of fees and costs or security therefor. Signed by Magistrate Judge H. David Young on 1/26/09. (mkf)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TERRY PROCTOR ADC # 87410 V. WENDY KELLEY et al. ORDE R Plaintiff, who was previously directed to provide a current address for Defendants Williams and Bowler, has responded (docket entry # 40) with an address for Defendant Larry D. Bowler at 2324 West Tecumseh Street, Tulsa, Oklahoma, 74127. Accordingly, the Clerk of the Court shall prepare summons for Defendant Bowler at this address, and the United States Marshal is directed to serve a copy of the Complaint (docket entry #2) and summons on Defendant without prepayment of fees and costs or security therefore. Plaintiff has also been directed to obtain a current address for Defendant Bernadine Williams, who has not been served with notice of the action against her. Plaintiff still has the previouslyallotted time in which to respond to the Court's order to provide an address for service. In his response (docket entry #40) Plaintiff indicates that he hopes to find Defendant Williams' address through discovery. Although a pro se plaintiff is relieved of the responsibility for service of a summons and complaint, he must still provide the Court with enough information to enable the United States Marshal to effectuate service of process. See Munz v. Parr, 758 F.2d 1254 (8th Cir. 1985)(dismissal of a "John Doe" defendant named by a plaintiff proceeding in forma pauperis is 5:08CV00247 JLH/HDY DEFENDANTS PLAINTIFF

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proper when it appears that the true identity of the defendant cannot be learned) DATED this 26 day of January, 2009. ______________________________________ UNITED STATES MAGISTRATE JUDGE

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