Jamerson (ID 74123) v. Heimgartner et al
ORDER ENTERED: Plaintiff shall have until October 25, 2019, to show good cause why Defendants Tim Robinson, Carrie Marlett, and John Doe Mental Health Counselor should not be dismissed for failure to effectuate service on these defendants. The KDOC's Motion for Leave to File Amended Martinez Report 50 is granted. Signed by U.S. Senior District Judge Sam A. Crow on 10/08/19. Mailed to pro se party James Lee Jamerson by regular mail. (smnd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JAMES LEE JAMERSON,
CASE NO. 17-3205-SAC
JAMES HEIMGARTNER, et al.,
Plaintiff, a state prisoner appearing pro se and in forma pauperis, filed this civil rights
complaint pursuant to 42 U.S.C. § 1983. On February 1, 2019, the Court entered a Service Order
(Doc. 29), requesting waiver of service from the Kansas Department of Corrections’ (“KDOC”)
Defendants. Waiver of service was returned executed for Defendants Baker, Rohling, Burris,
Johnson, Heimgartner, and Jackson. (Doc. 31.) Waiver of service was also returned executed for
Defendant King. (Doc. 39.) Waiver of service was returned unexecuted for Defendants Tim
Robinson and Carrie Marlett, noting that Defendant Marlett is deceased. (Doc. 46.) The KDOC
has also indicated that it does not have a last known address for former employee Tim Robinson.
(Doc. 47–1, to be filed under seal.)
Plaintiff has also named as a defendant John Doe Mental Health Counselor. Plaintiff is
entitled to have the United States Marshal or Deputy Marshal serve summons because Plaintiff has
been authorized to proceed in forma pauperis. Fed. R. Civ. P. 4(c)(3). But, Plaintiff has the
responsibility to provide the Court or the Marshals Service with the information of defendant’s
address for service. Folsom v. Grice, No. CIV-17-1024-D, 2018 WL 5904508, at *2–3 (W.D.
Okla. Oct. 26, 2018); Nichols v. Schmidling, No. 10-2086-JAR, 2012 WL 10350, at *2 (D. Kan.
Jan. 3, 2012) (“A plaintiff must cooperate with the Marshals Service and take reasonable steps to
identify the defendant by name and address so that service can be accomplished.”) (citations
Plaintiff should show good cause why Defendants Tim Robinson, Carrie Marlett, and John
Doe Mental Health Counselor, should not be dismissed for failure to serve them within ninety days
after his Complaint was filed. See Fed. R. Civ. P. 4(m).
The KDOC has filed a Motion for Leave to File Amended Martinez Report (Doc. 50),
stating that defense counsel has requested additional information/clarification with regard to some
of the items contained in the Martinez Report filed on August 15, 2019, at Doc. 36. The Court
grants the motion.
IT IS THEREFORE ORDERED that Plaintiff shall have until October 25, 2019, to show
good cause why Defendants Tim Robinson, Carrie Marlett, and John Doe Mental Health Counselor
should not be dismissed for failure to effectuate service on these defendants.
IT IS FURTHER ORDERED that the KDOC’s Motion for Leave to File Amended
Martinez Report (Doc. 50) is granted.
IT IS SO ORDERED.
Dated October 8, 2019, in Topeka, Kansas.
s/ Sam A. Crow
SAM A. CROW
U. S. Senior District Judge
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