Vreeland v. Raemisch et al

Filing 40

ORDER and Order to Show Cause; It is ORDERED that on or before 3/31/2016, Plaintiff shall show cause in writing whyhis claims against Defendants Supervisor or Director of the Colorado Department of Corrections Inmate Canteen Services or Industries and Union Supply Media/Union Supply Group Board of Directors and Share Holders Rancho Dominguez, California should not be dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m) for lack of service. If a response is not timely filed,the court w ill recommend dismissal of Plaintiffs claims against these defendants without further notice. It is further ORDERED that the 34 Motion for an Order Directing the Clerk of the Court to Serve upon the Plaintiff Proof of Service for Any Defendant T hat Has Been Served by the Court in this MatterAlternatively, If All Parties Have Not Been Served, Plaintiff Seeks an Oder Directing That Any Unserved Party Be Immediately Served with Summons And/or Complaint is GRANTED in part and DENIED in part. The court has provided an update regarding attempts to serve the unserved defendants. Plaintiffs motion is denied in all other respects, by Magistrate Judge Kathleen M. Tafoya on 3/1/16.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 15–cv–01295–PAB–KMT
DELMART E. J. M. VREELAND, II,
Plaintiff,
v.
INVESTIGATOR RICHARD WREN, Office of the Inspector General, CDOC,
INVESTIGATOR SANCHEZ, Office of the Inspector General, CDOC
SERGEANT J. HANSEN, Fremont Correctional Facility, CDOC,
PROPERTY OFFICER MCCLEAN, Fremont Correctional Facility, CDOC,
OFFICER BUSTAMANTE, Fremont Correctional Facility, CDOC,
GARY CASSIO, CDOC,
SUPERVISOR OR DIRECTOR OF THE CDOC INMATE CANTEEN SERVICES OR
INDUSTRIES, and
UNION SUPPLY MEDIA/UNION SUPPLY GROUP BOARD OF DIRECTORS AND SHARE
HOLDERS, Rancho Dominguez, California,
Defendants.

ORDER AND ORDER TO SHOW CAUSE

This matter is before the court on Plaintiff’s “Motion for an Order Directing the Clerk of
the Court to Serve upon the Plaintiff Proof of Service for Any Defendant That Has Been Served
by the Court in this Matter—Alternatively, If All Parties Have Not Been Served, Plaintiff Seeks
an Oder Directing That Any Unserved Party Be Immediately Served with Summons And/or
Complaint” (Doc. No. 34, filed February 1, 2016).
At the time Plaintiff filed his Complaint, Fed. R. Civ. P. 4(m) stated that
[i]f a defendant is not served within 120 days after the complaint is filed, the
courtCon motion or on its own after notice to the plaintiffCmust dismiss the

action without prejudice against that defendant or order that service be made
within a specified time. But if the plaintiff shows good cause for the failure, the
court must extend the time for service for an appropriate period.
The deadline for Plaintiff to serve Defendants Supervisor or Director of the Colorado
Department of Corrections Inmate Canteen Services or Industries (“Canteen Services”) and
Union Supply Media/Union Supply Group Board of Directors and Share Holders Rancho
Dominguez, California (“Union Supply Media”) has passed. Plaintiff seeks clarification about
whether the defendants have been served and, if they have not, an order directing that they be
served immediately.
In his Complaint, Plaintiff failed to provide a physical address at which Defendant Union
Supply Media could be served by the United States Marshals Service. (See Doc. No. 8 at 3, ¶ 9.)
As to Defendant Canteen Services, the Colorado Department of Corrections provided an address
at which an individual by the name of Steve Smith could be served; however the United States
Marshals Service attempted to serve him at the address and was advised that he no longer lives
there and his current whereabouts are unknown.
Plaintiff’s failure to effectuate proper service on these defendants within the time limits
prescribed by Rule 4(m) is grounds for dismissal of his claims against them in the absence of
justification for the failure. See Jones v. Frank, 973 F.2d 872, 873-74 (10th Cir. 1992).
Therefore, it is
ORDERED that, on or before March 31, 2016, Plaintiff shall show cause in writing why
his claims against Defendants Supervisor or Director of the Colorado Department of Corrections
Inmate Canteen Services or Industries and Union Supply Media/Union Supply Group Board of
Directors and Share Holders Rancho Dominguez, California should not be dismissed without

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prejudice pursuant to Fed. R. Civ. P. 4(m) for lack of service. If a response is not timely filed,
the court will recommend dismissal of Plaintiff’s claims against these defendants without further
notice. It is further
ORDERED that the “Motion for an Order Directing the Clerk of the Court to Serve upon
the Plaintiff Proof of Service for Any Defendant That Has Been Served by the Court in this
Matter—Alternatively, If All Parties Have Not Been Served, Plaintiff Seeks an Oder Directing
That Any Unserved Party Be Immediately Served with Summons And/or Complaint” (Doc. No.
34) is GRANTED in part and DENIED in part. The court has provided an update regarding
attempts to serve the unserved defendants. Plaintiff’s motion is denied in all other respects.
Dated this 1st day of March, 2016.

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