Castillo v. Johnson et al

Filing 30

ORDER directing that a copy of Plaintiff's complaint and a copy of the Court's Order dated August 8, 2016 shall be served upon Mr. Brantley at his last known address by the United States Marshal Service without prepayment of cost. Should Pl aintiff fail to perfect service on Defendant Brantley by April 6, 2017, the Court ORDERS Plaintiff to SHOW CAUSE, in writing, as to why the Court should not dismiss his claims against Defendant Brantley without prejudice. Plaintiff shall file this show cause memorandum by no later than April 20, 2017. Signed by Judge J. Randal Hall on 03/13/2017. (maa) (Additional attachment(s) added on 3/13/2017: # 1 USM 285) (maa).

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION WILLIAM NAVARRO CASTILLO, * Plaintiff, * * v. NURSE STRICKLAND, BRANTLEY, * and OFFICER CV 616-049 * Defendants. * ORDER By Order dated August United States Marshals Strickland with a 8, 2016, Service to copy of the serve against Plaintiff Plaintiff's Brantley and Plaintiff's Clerk of States on May 1, Strickland resultant- were serious Marshals Service with 2016.) Answer On October 11, Motion (Docs. 10, 16, to 17.) 2016, Dismiss to on and that Defendants needs. forms to (Dkt. indifferent (Doc. 8.) assist the effectuation Defendants Brantley and Strickland. based Brantley used excessive deliberately Court .prepared USM-285 the Brantley and Complaint 2014, medical directed Defendants Plaintiff's allegations that Defendant force Court of to The United service Entry dated Aug. on 8, Defendant Strickland filed a prewhich On November 8, Plaintiff 2016, has responded. Defendant Strickland filed a Motion to Stay Discovery pending the Court's resolution of 15, her Motion 2016. to Dismiss, 15, November On (Docs. 10, which the Court granted on November 19.) 2016, the United States Marshals Service Return as to Defendant Brantley was returned as unexecuted with the notation was not the Defendant last that Marshals working Accordingly, a and found informed name" that at known address personnel Service Georgia there State for at Defendant Georgia was or is Prison. Brantley State "no Prison by that 18, (Doc. one at 1.) on December 19, 2016, the Court ordered counsel for Strickland, Mr. David Grossman, inter alia, to, make reasonable efforts to obtain a name and an address for Defendant Brantley so that he might be served with Plaintiff's Complaint and to notify the Court of the results of his efforts. 24, at 2.) the On January 4, 2017, Mr. Grossman filed a notice with Court belief, (Doc. that, indicating "Defendant Department Brantley.1 of Brantley" Corrections (Doc. to 26, the best refers ("GDC") at 1.) Mr. of to his a employee, knowledge former Mr. and Georgia Christopher Grossman also informed the Court that he does not currently represent Mr. Brantley, that he was that his unable Mr. locate a Brantley has last 1 In Mr. to known Grossman's current not address. notice to address for Mr. Brantley, responded to correspondence Mr. the Grossman Court, he also refers to filed sent and to a motion Defendant Brantley interchangeably as Mr. "Christopher Bradley" and "Officer Brantley," (See Doc. 26, at 1 (emphasis added).) Mr. Grossman's references to Defendant Brantley by the last name "Bradley" appear to be simple scrivener's errors. (Compare Doc. 26; with Doc. 27 (identifying Defendant Brantley solely as "Christopher Brantley").) requesting permission to for Mr. this Brantley, former January 9, file under seal the last known address citing concerns for the privacy and safety of corrections 2017. officer, (Docs. 27, which 28.) the On Grossman filed the last known address Clerk under seal. Court March 1, 2017, on Mr. 29.) Upon the (Doc. foregoing and due for Mr. granted Brantley with the consideration, IT IS ORDERED that a copy of Plaintiff's Complaint (doc. 1) of the Court's Order dated August 8, 2016 (doc. HEREBY and a copy 8) shall be served upon Mr. Brantley at his last known address (see doc. 29) by the cost. United States Marshals See Fed. R. Civ. P. Service 4(c)(3). without At this point, prepayment of the Court has done all that it can to assist Plaintiff in effecting service on Defendant Brantley. Plaintiff is advised that this Order and the Marshals' attempts at service on Mr. Brantley at his last known DOES of address NOT relieve Plaintiff his obligation to perfect service on Defendant Brantley and to press this case forward. Plaintiff is warned that the lack of timely service on Defendant Brantley result in Defendant. the See - even through no fault of his own - may dismissal Fed. R. of his Civ. P. claims 4 (m) . against this Accordingly, named should Plaintiff fail to perfect service on Defendant Brantley by APRIL 6, 2017, the Court ORDERS Plaintiff to SHOW CAUSE, in writing, as to why the Court should not dismiss Defendant Brantley without prejudice. his claims against Plaintiff SHALL FILE this show cause memorandum by no later than APRIL 20, 2017. Plaintiff's failure to timely file his show cause memorandum may result in the dismissal of his claims against Defendant Brantley without further ORDER March, notice. ENTERED at Augusta, Georgia, this /O 2017. HONORABLE! J. RANDAL HALL sUNITE^&TATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA day of

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?