Hall v. University of Kentucky Hospital et al

Filing 15

MEMORANDUM OPINION & ORDER: 1. Plaintiff Danny Hall is given through and including March 23, 2016, to provide a current address for Defendant Charles Campbell to allow the USMS to effectuate service of process. If Plaintiff fails to provide a curr ent address for Dr. Campbell, absent good cause shown, his claims against that defendant will be dismissed without prejudice. 2. The deadline for Plaintiffs response to the University of Kentucky Hospitals motion to dismiss (DE 12 ) shall be exten ded until March 23, 2016. Plaintiff is advised that failure to respond on or before March 23 will provide grounds for dismissal of his claims against the University of Kentucky Hospital. 3. Plaintiff's motion to appoint counsel (DE 14 ) is DENIED. Signed by Judge Karen K. Caldwell on 3/1/2016.(CBD)cc: COR, Hall via US Mail

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION-- LEXINGTON
DANNY O. HALL,

CIVIL ACTION NO. 15-cv-349-KKC

Plaintiff,
V.

MEMORANDUM OPINION & ORDER

UNIVERSITY OF KENTUCKY, et al.,
Defendants.

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This matter is before the Court on Defendant University of Kentucky Hospital’s Motion to
Dismiss (DE 12) and Plaintiff’s motion to appoint counsel (DE 14).
Plaintiff Danny Hall, who is currently incarcerated at USP Canaan, Waymart, Pennsylvania,
has filed a pro se civil complaint alleging state law medical malpractice claims. (DE 1.)

On

December 15, 2015, this Court granted Danny Hall’s motion to proceed in forma pauperis. (DE 5.)
Because Hall was granted pauper status pursuant to 28 U.S.C. § 1915(a)(1), the Lexington Clerk’s
Office was directed to issue summons for the named defendants, and the United States Marshals
Service (“USMS”) for the Eastern District of Kentucky was directed to serve the named defendants
with the summons and complaint on Hall’s behalf. Fed. R. Civ. P. 4(c)(3); 28 U.S.C. § 1915(d).
However, the USMS returned service for Dr. Charles Campbell unexecuted because the
address provided by Plaintiff was Dr. Campbell’s prior place of employment, the University of
Kentucky Hospital. Since Dr. Campbell is no longer employed by the University, Plaintiff has not
provided an address at which the USMS can serve this Defendant. The USMS cannot be expected
to effectuate service on a defendant lacking any information regarding that defendant’s current
address or whereabouts. See Stoutamire v. Joseph, No. 1:11-CV-242, 2012 WL 6611441, at *3 (S.D.
Ohio Dec. 19, 2012). It is the plaintiff’s responsibility to provide proper addresses of the defendants
for service of process on them. See Fitts v. Sicker, 232 F. App’x 436, 443 (6th Cir. 2007); Byrd v.

Stone, 94 F.3d 217, 219 (6th Cir. 1996); Spencer v. Bynum, No. 2:13-CV-13056, 2013 WL 4041870,
at *3 (E.D. Mich. Aug. 8, 2013); Stevenson v. Michigan Dept. of Corrections, No. 1:07-CV-213, 2008
WL 623783, at *13 (W.D. Mich. Mar. 4, 2008). Further, a district court is not obligated “to actively
seek out the address of a defendant so that service can be effectuated” upon him or her. Fitts, 232
F. App’x at 444.
Dr. Campbell’s co-defendant, the University of Kentucky Hospital, was properly served. The
University subsequently filed a motion to dismiss for failure to state a claim on January 29, 2016.
(DE 12.) Pursuant to Local Rule 7.1(c), Plaintiff’s failure to respond within twenty-one (21) days
provided this Court grounds for granting the motion. However, Plaintiff has since notified the
Court that he was placed in solitary confinement during this period. (DE 14.) Consequently, this
Court is persuaded that an extension of time for Plaintiff to file his response is warranted.
Plaintiff will be given through and including March 23, 2016, in which to provide a current
address for Dr. Campbell, at which the USMS can effectuate service of process in accordance with
Federal Rule of Civil Procedure 4. Plaintiff’s failure to comply with this
Order will result in the dismissal of his claims against Dr. Campbell. See Bailey v. Day, No. 7:12CV-137-ART (E.D. Ky. 2012) [DE 20, therein] (dismissing claims against the defendant where the
prisoner-plaintiff was unable to provide a current address at which the defendant could be served).
The deadline for Plaintiff’s response to the University of Kentucky Hospital’s motion to dismiss
(DE 12) will likewise be extended until March 23, 2016.
Finally, Plaintiff’s most recent correspondence requests appointment of counsel. (DE 14.) This
Court is permitted in exceptional circumstances to appoint counsel to represent a pro se party in
civil litigation. 28 U.S.C. § 1915(e)(1); Lanier v. Bryant, 332 F.3d 999, 1006 (6th Cir. 2003). The
Court is not, however, provided with the funds to pay appointed counsel for his or her services in a
civil matter. Further, the Court has considered the complexity of the case, Lavado v. Keohane, 992
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F.2d 601, 605–06 (6th Cir. 1993), the ability of the Plaintiff to represent himself competently,
Lanier, 332 F.3d at 1006, and his likelihood of success on the merits of the claim. Cleary v.
Mukaskey, 307 F. App’x 963, 965 (6th Cir. 2009). The Court finds that that this case is not an
exceptional one warranting the appointment of counsel to represent the Plaintiff. For these
reasons, the Court will deny the Plaintiff’s motion to appoint counsel.
Accordingly, IT IS ORDERED as follows:
1. Plaintiff Danny Hall is given through and including March 23, 2016, to provide a current
address for Defendant Charles Campbell to allow the USMS to effectuate service of process.
If Plaintiff fails to provide a current address for Dr. Campbell, absent good cause shown, his
claims against that defendant will be dismissed without prejudice.
2. The deadline for Plaintiff’s response to the University of Kentucky Hospital’s motion to
dismiss (DE 12) shall be extended until March 23, 2016. Plaintiff is advised that failure
to respond on or before March 23 will provide grounds for dismissal of his claims against
the University of Kentucky Hospital.
3. Plaintiff’s motion to appoint counsel (DE 14) is DENIED.
Dated March 1, 2016.

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