Alston v. Daniels et al

Filing 28

ORDER FOR SERVICE (see attached). Signed by Judge Charles S. Haight, Jr. on February 17, 2016.(Dorais, L.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

IRA ALSTON,

:
:
Plaintiff,
:
:
v.
:
:
CORRECTIONAL OFFICER DANIELS,
:
CORRECTIONAL OFFICER RUTKOWSKI,
:
CORRECTIONAL OFFICER HERNANDEZ,
:
CORRECTIONAL OFFICER JOHN DOE #1,
:
LIEUTENANT DAIRE, LIEUTENANT ANYNA, :
CAPTAIN JASON CAHILL, CORRECTIONAL :
OFFICER JOHN DOE #2,
:
:
Defendants.
:

3:15-cv-669 (CSH)

FEBRUARY 17, 2016

ORDER FOR SERVICE
HAIGHT, Senior District Judge:
In a "Notice" [Doc. 13] filed with the Court, Plaintiff Ira Alston has identified defendant
Correctional Officer John Doe #1 as "Correctional Officer Mihalick" and defendant John Doe #2 as
"Correctional Officer Emmelmann." Plaintiff has indicated that both officers are assigned to
Northern Correctional Institution, located at 287 Bilton Road, Somers, CT 06071. Doc. 13, at 1-2.
The Clerk shall verify the current work addresses for Officers Mihalick and Emmelmann
with the Department of Correction Office of Legal Affairs and mail a waiver of service of process
request packet to each such defendant at the confirmed address within twenty-one (21) days from
the date of this Order. The Clerk shall report on the status of the waiver request on the thirty-fifth

(35) day after mailing. If either defendant Mihalick or Emmelmann fails to return a signed waiver,
the Clerk shall make arrangements for in-person service by the United States Marshal Service on that
defendant in his or her individual capacity; and the defendant shall be required to pay the costs of
service in accordance with Federal Rule 4(d)(2) of Civil Procedure.1
It is SO ORDERED.
Dated: New Haven, Connecticut
February 17, 2016

/s/Charles S. Haight, Jr.
CHARLES S. HAIGHT, JR.
Senior United States District Judge

1

Rule 4(d)(2) provides:

(2) Failure to Waive [Service]. If a defendant located within the United States fails,
without good cause, to sign and return a waiver requested by a plaintiff located
within the United States, the court must impose on the defendant:
(A) the expenses later incurred in making service; and
(B) the reasonable expenses, including attorney's fees, of any motion required
to collect those service expenses.
Fed. R. Civ. P. 4(d) (A)-(B).
2