OLIVER v. CUSS, et al

Filing 55

ORDER ADOPTING 44 THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION - All claims against the defendant, Roosevelt Hadley, are DISMISSED WITHOUT PREJUDICE for failure to effect timely service of process pursuant to Fed. R. Civ. P. 4(m). Signed by SENIOR JUDGE WILLIAM STAFFORD on 4/21/2014. (dlt)

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

WARREN OLIVER,
Plaintiff,
v.

5:13cv209-WS/GRJ

ADAMS, et al.,
Defendant.

ORDER ADOPTING THE MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation (doc.
44) docketed March 18, 2014. The magistrate judge recommends that Roosevelt
Hadley be dismissed from this action without prejudice for failure to effect timely
service of process. The plaintiff, Warren Oliver, has filed objections (doc. 51) to
the report and recommendation.
The United States Marshal has twice attempted to serve Hadley without
success, and Oliver now complains that he does not have the resources to locate
Roosevelt Hadley. Although a pro se civil litigant is entitled to assistance with

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service from court personnel and the United States Marshal, "[i]t is highly
questionable that either court staff or employees of the [United States Marshals
Service] have a duty to mount an extensive search for and locate a defendant in a
civil case for personal service when a plaintiff has failed to provide an address or
other sufficient information for service." Leek v. Thomas, No. 09-3036-SAC,
2009 WL 2876352, at *2 (D. Kan. Sept. 2, 2009). If the Marshals Service is
"unable to effectuate service . . . with the information . . . provided, the onus
remains upon plaintiff to discover and submit sufficient information for service of
all defendants he has named in [his] lawsuit." Id. at *3. Neither the court nor the
Marshals Service is required "to be a private investigator for civil litigants or to use
software available only to law enforcement officers to discover addresses for
defendants whose whereabouts are not discoverable through public records." Id.
Because this court agrees with the recommendation of the magistrate judge,
it is ORDERED:
1. The magistrate judge's report and recommendation (doc. 44) is hereby
ADOPTED and incorporated by reference into this order.
2. All claims against the defendant, Roosevelt Hadley, are DISMISSED
WITHOUT PREJUDICE for failure to effect timely service of process pursuant to
Fed. R. Civ. P. 4(m).

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DONE AND ORDERED this

21st day of

April

, 2014.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE