Sundgren (ID 84212) v. Green et al

Filing 38

ORDER TO SHOW CAUSE ENTERED: Within twenty-one (21) days of this Order, Plaintiff shall show good cause in writing to Judge Crabtree as to why the Doe defendants should not be dismissed for failure to serve them. Within twenty-one (21) days of this Order, Interested Party Kansas Department of Corrections shall email the Court the last known address of Defendant Randy Green. The Clerk's Office issue summons to Defendant Matthew Craven. Signed by Magistrate Judge David J. Waxse on 07/12/17. Mailed to pro se party Matthew Sundgren by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
MATTHEW SUNDGREN,
Plaintiff,
v.

Case No. 15-3275-DDC-DJW

THOMAS LOOMIS, et al.,
Defendants.

ORDER TO SHOW CAUSE
There are several outstanding issues regarding service of various defendants. The Court
will address those now.
As to Defendant Randy Green, the Court orders the Interested Party Kansas Department
of Corrections to provide, for in camera review by the Court, last known address Defendant
Randy Green. The Court requests this information in an effort to effectuate service on him.
As to Defendant Matthew Craven, the Court directs the Clerk’s Office to issue summons,
as his waiver of service of summons never returned at all. The Court notes that Defendant
Craven has constructive notice of this suit by way of his sworn affidavit in the Martinez Report,
in which he specifically acknowledges Plaintiff’s complaint and provides testimony.
As to the Doe defendants, the Court orders Plaintiff to show cause as to why those
defendants should not be dismissed for failure to serve the Doe defendants within the 90-day
period provided by Federal Rule of Civil Procedure 4(m). While 28 U.S.C. § 1915(d) provides
that the Court shall undertake service on behalf of prisoners, a plaintiff must provide the Court
with sufficient information to identify, locate, and serve prospective defendants. The Court is
not in a position to identify the Doe defendants without (more) input from Plaintiff.

IT IS THEREFORE ORDERED BY THE COURT that within twenty-one (21) days
of this Order, Plaintiff shall show good cause in writing to Judge Crabtree as to why the Doe
defendants should not be dismissed for failure to serve them.
IT IS FURTHER ORDERED that within twenty-one (21) days of this Order, Interested
Party Kansas Department of Corrections shall email the Court the last known address of
Defendant Randy Green.
IT IS FURTHER ORDERED that the Clerk’s Office issue summons to Defendant
Matthew Craven.
Dated July 12, 2017, at Kansas City, Kansas.
s/ David J. Waxse
David J. Waxse
U.S. Magistrate Judge

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