Handy v. Cummings et al
Filing
89
MINUTE ORDER denying 84 Motion for Court Ordered Service of the Summons and Complaint on Dep. Morrison by Magistrate Judge Kathleen M. Tafoya on 07/26/11.(jjh, ) Modified on 7/26/2011 to correct spelling error (jjh, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 11–cv–00581–WYD–KMT
WYATT T. HANDY JR.,
Plaintiff,
v.
SGT. CUMMINGS, individual & official capacity,
DEP. WENDELBURG, individually,
DEP. THAO, individually,
DEP. LIGON, individually,
DEP. ELLEDGE, individually,
DEP. GIRRARD, individually,
MRS. GRETCHEN, individually,
WOOD, individually,
MRS. MOLLENDOR, individually,
DEP. LITWILER, individually,
NANCY, individual & official capacity,
DEP. MORRISON, individual,
DEP. KRAUS, individual,
DEP GALLEGOS, individual,
DEP. HUNT, individual,
SGT. CLARK, individual & official capacity,
SGT. DOIZAKI, individual & official capacity,
DEP. EMERSON, individual,
DEP KLEINHEKSEL, individual,
SHERIFF GRAYSON ROBINSON, individual & official capacity,
CAPT. SAUTER, individual & official capacity,
LT. WHITIKER, individual & official capacity,
SGT. RANKIN, individual & official capacity,
DEP. FREEMAN, individual,
DEP. LONGFELLOW, individual, and
DEP. HAMM, individual,
Defendants.
MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
Plaintiff’s “Motion for Court Ordered Service of the Summons and Complaint on Dep.
Morrisson” (Doc. No. 84, filed July 25, 2011) is DENIED. It is Plaintiff’s responsibility to
prosecute this action and, even if service is to be executed by the United States Marshals
Service, Plaintiff must provide the court with the proper information to locate a defendant to
serve.
Nevertheless, complying with an order from this court to supply contact information for
Defendant Morrison (Doc. No. 76), Defendants have advised the court that, upon information
and belief, Defendant Morrison, who is no longer employed by the Arapahoe Sheriff’s Office,
has been deployed to Iraq to work in the private security field. Additionally, Defendant’s
counsel sent a certified letter to Defendant Morrison at his last known address, and the letter was
returned to sender as unable to forward. Finally, several calls to Defendant Morrison’s last
telephone number have gone directly to voice mail, and messages have not been returned.
Dated: July 26, 2011
2
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