Francis, v. United Airlines, Inc.

Filing 19

ORDER granting 14 Plaintiff's Motion for US Marshal Service. The deadline for serving Defendant is extended to 8/7/2012, pursuant to Fed. R. Civ. P. 4(m). By Magistrate Judge Kathleen M. Tafoya on 7/13/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 12–cv–00510–PAB–KMT

ANA M. FRANCIS,
Plaintiff,
v.
UNITED AIRLINES, INC.,
Defendant.

ORDER GRANTING SERVICE BY UNITED STATES MARSHAL

This matter is before the court on “Plaintiff’s Motion for US Marshal Service.” (Doc.
No. 14, filed July 6, 2012.) Plaintiff seeks to have the court direct the United States Marshal
Service to serve Defendant.
The court has granted Plaintiff leave to proceed in forma pauperis in this matter.
Pursuant to 28 U.S.C. 1915(d), a plaintiff proceeding in forma pauperis is entitled to have “[t]he
officers of the court,” which in nearly all circumstances means the United States Marshal, “issue
and serve all process.”
The court notes the United States Marshal previously attempted to effect service on
Defendant on May 4, 2012, but the attempt at service was unsuccessful. (See Doc. No. 12, filed
May 4, 2012.) The summons returned unexecuted to the court indicated that Defendant did not
return a waiver of service and that the Marshall was otherwise unable to locate Defendant. (Id.)

This is likely because the address featured for Defendant in Plaintiff’s Amended Title VII
Complaint was a P.O Box, rather than a physical address.
Plaintiff has now provided the court with a corrected, physical address for Defendant.
Accordingly, the court will direct the United States Marshal Service to attempt to effect service
upon Defendant at this new address. The court will further extend the deadline for serving
Defendant pursuant to Fed. R. Civ. P. 4(m).
Therefore, it is
ORDERED that “Plaintiff’s Motion for US Marshal Service” (Doc. No. 14) is
GRANTED. If appropriate, the United States Marshal shall attempt to obtain a waiver of service
from Defendant. If unable to do so, the United States Marshal shall serve a copy of the
Amended Title VII Complaint, summons, order granting leave to proceed pursuant to 28 U.S.C.
§ 1915, and all other orders upon Defendant at 77 Wacker Drive, Chicago, Illinois 60601. If
appropriate, the Marshal shall first attempt to obtain a waiver of service of these documents
pursuant to Fed. R. Civ. P. 4(d). All costs shall be advanced by the United States.
It is further
ORDERED that the deadline for serving Defendant is extended to August 7, 2012,
pursuant to Fed. R. Civ. P. 4(m).
Dated this 13th day of July, 2012.

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