Strayhorn v. Caruso et al

Filing 103

ORDER DENYING MOTION, BUT ORDERING MARSHAL'S SERVICE BY CERTIFIED MAIL re: 102 Motion for Personal Service. Signed by Magistrate Judge R. Steven Whalen. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LEON STRAYHORN,
Plaintiff,

No. 11-15216

v.

District Judge Patrick J. Duggan
Magistrate Judge R. Steven Whalen

PATRICIA CARUSO, ET AL.,
Defendants.
/
ORDER DENYING MOTION FOR PERSONAL SERVICE BUT
ORDERING MARSHAL’S SERVICE BY CERTIFIED MAIL
Plaintiff Leon Strayhorn, a pro se litigant in the custody of the Michigan
Department of Corrections (“MDOC”), has filed a second motion for personal service on
Defendant Russell Malicoat by the United States Marshal [Doc. #102]. On April 29,
2013, the Court entered an order denying personal service, but providing for service by
certified mail [Doc. #81]. It appears that Defendant Russell Malicoat has not yet been
served.
Therefore, consistent with my prior Order, Plaintiff’s motion for personal service
is [Doc. #102] is DENIED. However, the Court will again order the U.S. Marshal to
serve Defendant Russell Malicoat by certified mail, return receipt requested.
Accordingly, in lieu of personal service, the United States Marshal is directed to
mail copies of the summons and complaint to Defendant Russell Malicoat by certified
mail, return receipt requested, at the address that was provided to the Marshal by the
MDOC.
Pursuant to Fed.R.Civ.P. 4(m), the time for service of the summons and complaint
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is extended 45 days from the date of this Order.
IT IS SO ORDERED.

Dated: July 16, 2013

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE

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