Petaway v. Osden et al

Filing 19

ORDER clarifying 17 Order on Motion for Order, directing Clerk to mail waiver of service of process request packet to Defendant Milling in care of the Department of Correction Office of Legal Affairs. Signed by Judge Victor A. Bolden on 5/5/2017.(Ghosh, S.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
WILLIAM PETAWAY,
Plaintiff,

:
:
:
v.
: Case No. 3:17-cv-4 (VAB)
:
COUNSELOR SUPERVISOR OSDEN, ET AL., :
Defendants.
:
ORDER
Mr. Petaway, who resides in New Haven, Connecticut, has filed a civil rights complaint against
Counselor Supervisors Osden, Milling and Palliardi in their individual and official capacities. The
United States Marshal has personally served defendants Osden and Palliardi in their individual
capacities.
On May 2, 2017, the Court granted Mr. Petaway’s motion requesting the Clerk to obtain a
service address for Defendant Lynn Milling. Because Lynn Milling has retired from the State of
Connecticut Department of Correction, the Clerk is directed to mail a waiver of service of process
request packet, including a copy of the Complaint and this Order, to Lynn Milling in her individual
capacity in care of the Department of Correction Office of Legal Affairs. On the thirty-fifth (35th) day
after mailing, the Clerk shall report to the Court on the status of the request. If Defendant Milling fails
to return the waiver request, the Clerk shall make arrangements for in-person service by the U.S.
Marshals Service and Ms. Milling shall be required to pay the costs of such service in accordance with
Federal Rule of Civil Procedure 4(d).
Because it is unclear whether any of the Defendants have been served in their official
capacities, the Court enters the following order for service. Within ten days of the date of this order,
the Clerk shall prepare the necessary paperwork to serve all three Defendants in their official capacities
and forward the paperwork, including a summons and copies of this Order and the Complaint to the

U.S. Marshal. Within thirty days of the date of this Order, the U.S. Marshals Service shall serve the
summons, a copy of the Complaint and this Order on Defendants in their official capacities by
delivering the necessary documents in person to the Office of the Attorney General, 55 Elm Street,
Hartford, CT 06141.
SO ORDERED at Bridgeport, Connecticut this 5th day of May, 2017.
__/s/ Victor A. Bolden____________________
VICTOR A. BOLDEN
UNITED STATES DISTRICT JUDGE

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