Condon v. Mitchell et al

Filing 44

ORDER: The Clerk of Court is ORDERED to REISSUE the summons for Defendant Porter using the new address, as found by the Court. The United States Marshals Service shall make reasonable efforts to locate and serve the summons and Plaintiff' s Complaint on this defendant. The Marshals Service is reminded that the "reasonable efforts" standard requires more than visiting a single address. If unsuccessful, the Marshals Service shall include in the "Remarks" secti on of the Form USM-285 a description of the steps that it took to attempt to effect service of process. The Clerk SHALL provide a copy of this Order along with the summons to the United States Marshals Service. Signed by Judge Stephen P. McGlynn on 11/26/2024. (jrj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHRISTOPHER CONDON,
#Y42786,
Plaintiff,

Case No. 23-cv-02461-SPM

v.
JUSTIN JURKOWSKI, et al.,
Defendants.

MEMORANDUM AND ORDER
MCGLYNN, District Judge:
This matter is before the Court for case management purposes. Defendant Daniel Porter
has yet to be served with the Complaint. Because Plaintiff Condon is proceeding in forma pauperis,
pursuant to Federal Rule of Civil Procedure 4(c)(3), the Court must order a United States marshal
to conduct service on his behalf. The marshal is then required to make reasonable efforts to
personally serve the summons and the complaint on the defendant.
After unsuccessfully attempting to serve Defendant Porter by mailing a request to waive
service of summons, the Clerk of Court issued a formal service of the summons and the Complaint
on August 27, 2024. (Doc. 30, 36, 38). The summons was returned unexecuted with a note from
the marshal explaining, “Bad Address. Verified through landlord that Daniel Porter no longer lives
at address.” (Doc. 39). The Court found that the marshal’s attempt to locate and serve Porter did
not meet the “reasonable efforts” requirement as prescribed by the Seventh Circuit. (Doc. 40)
(citing Williams v. Werlinger, 795 F. 3d 759 (7th 2015). The Court noted that visiting a single
address was insufficient and that it did not appear that the marshal attempted to obtain a forwarding
address or use any type of electronic database to discovery Porter’s current whereabouts. The Court
reissued summons and required the Marshals Service to make another attempt at service. If
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unsuccessful, the Marshals Service was directed to include in the “Remarks” section of the Form
USM-285 a description of the steps that the marshal took to attempt to effect service of process.
On November 20, 2024, the reissued summons was returned unexecuted. (Doc. 43). Again,
the Marshals Service states that Porter no longer lives at the address provided – a fact verified with
the landlord. But the marshal provides no additional information on attempts he or she made to
locate Porter. The marshal disregarded the Court’s instructions that more was required in
effectuating service than visiting that one address. Thus, the Court will once again reissue
summons. See Williams, 795 F. 3d at 760 (noting that the district court should not have accepted
the responses of the Marshals Service that “No forwarding info available. Was not able to locate
using internet database searches” and that such response from the Marshals Service was
“shameful”). Using public databases, the Court has obtained a new address for Porter. Service shall
be attempted at this new address.
Therefore, the Clerk of Court is ORDERED to REISSUE the summons for Defendant
Porter using the new address, as found by the Court. The United States Marshals Service shall
make reasonable efforts to locate and serve the summons and Plaintiff’s Complaint on this
defendant. The Marshals Service is reminded that the “reasonable efforts” standard requires
more than visiting a single address. If unsuccessful, the Marshals Service shall include in the
“Remarks” section of the Form USM-285 a description of the steps that it took to attempt to effect
service of process. The Clerk SHALL provide a copy of this Order along with the summons to the
United States Marshals Service.
IT IS SO ORDERED.
DATED: November 26, 2024

s/Stephen P. McGlynn
STEPHEN P. MCGLYNN
United States District Judge

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