Kendall v. Murray et al

Filing 144

Chief Judge Patti B. Saris: ORDER entered. 1.Defendants' motion for extension (Docket No. 143) is allowed. 2.The Clerk shall reissue summons for service of the Fourth Amended Complaint on Stephen Spaulding, A. Flete, David Tayl or and William Tidwell. Plaintiff may elect to have service made by the United States Marshals Service with all costs of service to be advanced by the United States.3.Because defendant Dr. Scott Murray is no longer a party to this action, an d to avoid confusion, the clerk shall correct the docket so that the short title of the case is listed as Kendall v. Bureau of Prisons, et al.4.This case is referred to the Courts Pro Bono Coordinators to attempt to secure counsel willing to represent plaintiff. The Pro Bono Coordinators shall, by June 28, 2019, report to the Court the result of such effort. Plaintiff must continue to proceed pro se until such time as pro bono counsel can be secured on his behalf, if at all.(PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

STEVEN N. KENDALL,
Plaintiff,
v.
BUREAU OF PRISONS, et al.,
Defendants.

)
)
)
)
)
)
)

Civ. Action No. 18-10141-PBS

ORDER
May 29, 2019
SARIS, C.D.J.
Now pending is Defendants’ Motion for Extension of Time to
Respond to Plaintiff’s Fourth Amended Complaint.
143.

See Docket No.

Defendants seek an extension, in part, because Plaintiff

has not properly served the four individual defendants.

The

Court will afford Plaintiff an opportunity to make service in
accordance with Fed. R. Civ. P. 4(i).

In order to properly

serve an officer or employee of the United States who is sued in
their official capacity, “a party must serve the United States
and also send a copy of the Summons and of the Complaint by
registered or certified mail to the agency, corporation,
officer, or employee.”

Fed. R. Civ. P. 4(i)(2).

Based on the foregoing, it is hereby Ordered that:
1. Defendants’ motion for extension (Docket No. 143) is
allowed.
2. The Clerk shall reissue summons for service of the Fourth
Amended Complaint on Stephen Spaulding, A. Flete, David

Taylor and William Tidwell. Plaintiff may elect to have
service made by the United States Marshals Service with all
costs of service to be advanced by the United States.
3. Because defendant Dr. Scott Murray is no longer a party to
this action, and to avoid confusion, the clerk shall
correct the docket so that the short title of the case is
listed as Kendall v. Bureau of Prisons, et al.
4. This case is referred to the Court’s Pro Bono Coordinators
to attempt to secure counsel willing to represent
plaintiff. The Pro Bono Coordinators shall, by June 28,
2019, report to the Court the result of such effort.
Plaintiff must continue to proceed pro se until such time
as pro bono counsel can be secured on his behalf, if at
all.
SO ORDERED.
/s/ Patti B. Saris
PATTI B. SARIS
CHIEF UNITED STATES DISTRICT JUDGE

2