Kendall v. Murray et al

Filing 150

Chief Judge Patti B. Saris: ORDER entered. 1.Unless plaintiff Steven Kendall is able to secure counsel, he must continue to represent himself in this action.2.Plaintiff Steven Kendall is reminded of his obligation to arrange for service of the Fourth Amended Complaint on Stephen Spaulding, A. Flete, David Taylor and William Tidwell. (PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

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

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Civ. Action No. 18-10141-PBS

ORDER
June 19, 2019
SARIS, C.D.J.
Now before the Court is the Status Report from the Court’s
Pro Bono Coordinators.

See Docket No. 149.

Despite substantial

efforts to find counsel to represent plaintiff, no counsel has
been located willing to accept a pro bono appointment in this
matter.

The Court’s pro bono program operates on a purely

voluntary basis, and the resources are limited.

Unless

plaintiff can secure his own attorney, he must proceed pro se by
representing himself in this action.
The Court’s records indicate that summonses were reissued
on May 29, 2019, so that plaintiff could serve the Fourth
Amended Complaint on Stephen Spaulding, A. Flete, David Taylor
and William Tidwell in accordance with Fed. R. Civ. P. 4(i).
See Docket No. 145.

Rule 4(i) provides that in order to serve

an officer or employee of the United States who is being sued in
his individual capacity for an act occurring in connection with

his duties, a party must serve the United States as well as the
officer or employee under Rule 4(e), (f), or (g).

A plaintiff

must also serve a copy of the summons and complaint to the
Attorney General of the United States and to the Agency.
R. Civ. P. 4(i)(1)(B) and (C).

Fed.

Plaintiff may elect to have

service made by the United States Marshals Service, see Docket
No. 144, however, it remains plaintiff’s responsibility to
provide the United States Marshal Service with all necessary
paperwork and service information.
Based on the foregoing, it is hereby Ordered that:
1. Unless plaintiff Steven Kendall is able to secure counsel,
he must continue to represent himself in this action.
2. Plaintiff Steven Kendall is reminded of his obligation to
arrange for service of the Fourth Amended Complaint on
Stephen Spaulding, A. Flete, David Taylor and William
Tidwell.
SO ORDERED.
/s/ Patti B. Saris
PATTI B. SARIS
CHIEF UNITED STATES DISTRICT JUDGE

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