Baker v. Bannum Place of Saginaw, et al

Filing 91

ORDER denying 79 Motion For Marshals to Serve Defendants. Signed by Magistrate Judge Mark A. Randon. (Miles, M)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DARRYL ORRIN BAKER,
Plaintiff,

CIVIL ACTION NO. 09-10360

v.

DISTRICT JUDGE NANCY G. EDMUNDS

BANNUM PLACE OF SAGINAW, LLC; MAGISTRATE JUDGE MARK A. RANDON
LATOYA BURNSIDE, DIRECTOR;
DOROTHY JONES, EMPLOYEE SPECIALIST;
CLARINET MCFADDEN; VERTRICE ROBY;
MR. LYONS; HENRY HOBSON; MS. FRIERSON,
Defendants.
/
ORDER DENYING PLAINTIFF’S MOTION FOR MARSHALS TO SERVE
DEFENDANTS (DKT. NO. 79)
On March 18, 2011, Judge Nancy G. Edmunds ordered the clerk to provide the Second
Amended Complaint for the United States Marshal Service to effectuate service on Defendants
Jody Bradley and Mark A. Cuneen. (Dkt. No. 61). Judge Edmunds said, “[t]his is the fourth
attempt to serve Defendants Cuneen and Bradley. Waiver of Service have been returned
Unexecuted on May 19, 2009, February 25, 2010 and February 4, 2011. Return of Service
Unexecuted as to either Defendants Cuneen or Bradley may result in dismissal of that
defendant.” (Dkt. No. 61 at 2).
This matter is before the Court on Plaintiff’s Motion for Marshals to Serve the
Defendants. (Dkt. No. 79). Plaintiff provides the Court another address in which he believes

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Defendants Bradley and Cunnen are located. However, on June 13, 2011, Judge Edmunds
dismissed Defendants Bradley and Cuneen without prejudice. (Dkt. No. 63). Therefore,
IT IS ORDERED that Plaintiff’s motion (Dkt. No. 79) is DENIED.
s/Mark A. Randon
Mark A. Randon
United States Magistrate Judge
Dated: August 8, 2012
Certificate of Service
I hereby certify that a copy of the foregoing document was mailed to the parties of record on this date,
August 8, 2012, by electronic and/or ordinary mail.
s/Melody R. Miles
Case Manager to Magistrate Judge Mark A. Randon

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