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).

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