Dooley v. Heins et al

Filing 29

ORDER re 28 U.S. Marshal Return of Service. The Court ORDERS Plaintiff to provide any information regarding Defendants' whereabouts or any additional personally identifiable information for Defendants to the U.S. Marshals Service and this Court within 30 days of this Order. (Compliance due by 2/12/2021.) Signed by Magistrate Judge Benjamin W. Cheesbro on 1/13/2021. (ca)

FILED
John E. Triplett, Acting Clerk
United States District Court

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

By CAsbell at 11:24 am, Jan 13, 2021

QUENTIN A. DOOLEY,
Plaintiff,

CIVIL ACTION NO.: 6:18-cv-49

v.
DR. HEINS; and DR. BROOME,
Defendants.

ORDER
This matter is before the Court on the United States Marshals Service’s Unexecuted
Returns as to Defendants. 1 Doc. 28. On January 21, 2020, this Court ordered service of
Plaintiff’s Complaint upon Defendants and advised each Defendant of his duty to avoid
unnecessary costs when service is executed. Doc. 23. The Court noted a defendant “who fails to
comply with the request for waiver must bear the costs of personal service unless good cause can
be shown for the failure to return the waiver.” Id. at 9 (citing Fed. R. Civ. P. 4(d)(2)). The
United States Marshals Service initially sent the service waiver to Defendants on January 23,
2020, and the certified mail card was returned, signed by “B. Lane,” on January 27, 2020.
Doc. 26. However, the waivers were returned as unexecuted on August 1, 2020, and were filed
on August 6, 2020. Id.
Accordingly, the Court ordered the United States Marshals Service to personally serve
Defendants with a copy of the January 21, 2020 and October 2, 2020 Orders within 30 days of

1

The Court notes these Unexecuted Returns should apply to both Defendants and DIRECTS the
Clerk of Court to update the docket accordingly.

the October 2, 2020 Order, if practicable. Doc. 27 at 1. The Court also instructed Plaintiff to
provide any information he might have regarding Defendants’ whereabouts to the United States
Marshals Service. Id. at 2. The Marshals Service signed Returns for both Defendants, dated
December 18, 2020, with the notations: “Unexecuted-Not Sufficient [Personal Identifiable
Information].” Doc. 28 at 1, 2.
Consequently, the Court ORDERS Plaintiff to provide any information regarding
Defendants’ whereabouts or any additional personally identifiable information for Defendants to
the United States Marshals Service and this Court within 30 days of this Order. The Court
forewarns Plaintiff his failure to provide any additional information for the effectuation of
service or to otherwise respond to this Order will result in the recommended dismissal of his
cause of action based on failure to follow a Court Order and failure to prosecute.
SO ORDERED, this 13th day of January, 2021.

____________________________________
BENJAMIN W. CHEESBRO
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

2