Tippins v. Caruso et al

Filing 42

OPINION AND ORDER GRANTING PLAINTIFF'S 40 Motion--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOHNNY TIPPINS,
Plaintiff,
v.

Case No. 2:14-cv-10956
District Judge Stephen J. Murphy
Magistrate Judge Anthony P. Patti

PATRICK CARUSO, et al.,
Defendants.
___________________________________/
OPINION AND ORDER GRANTING PLAINTIFF’S MOTION FOR
EXTENSION OF TIME IN WHICH TO SERVE DEFENDANTS (DE 40)
This matter is before the Court for consideration of Plaintiff Johnny Tippins’
motion to show good cause to extend time to serve remaining defendants, which
the Court will construe as a motion for extension under Federal Rule of Civil
Procedure 4(m). (DE 40.) For the reasons that follow, Plaintiff’s motion is
GRANTED and the MDOC is DIRECTED to furnish the Court with the
remaining Defendants’ last known addresses WITHIN TEN DAYS OF THE
DATE OF THIS ORDER.
I.

BACKGROUND
Plaintiff filed his initial complaint on and application to proceed without

prepayment of fees on March 4, 2014. (DE 1 and 2.) On April 20, 2015, in

response to an order of the Court, Plaintiff provided addresses for all defendants
yet to be served. (DE 25.) To date, only Barbara Meagher and Blaine Lafler have
yet to be served.
II.

STANDARD AND ANALYSIS
Federal Rule of Civil Procedure 4(m) provides in relevant part as follows:
If a defendant is not served within 120 days after the complaint is
filed, the court—on motion or on its own after notice to the plaintiff—
must dismiss the action without prejudice against that defendant or
order that service be made within a specified time. But if the plaintiff
shows good cause for the failure, the court must extend the time for
service for an appropriate period.

Fed. R. Civ. P. 4(m). Here, more than 120 days have lapsed since Plaintiff’s
March 4, 2014 Complaint. However, Plaintiff has shown good cause for his failure
to effect timely service. Specifically, he has complied with the Court’s order to
provide addresses and has been particularly vigilant in attempting to serve the
remaining Defendants. (See, e.g., DE 20, 25, and the instant motion.)
Accordingly, the Court will GRANT Plaintiff an additional 90 DAYS FROM
THE DATE OF THIS ORDER in which to effect service over the remaining
Defendants.
To ensure service is effected, the Michigan Department of Corrections
(“MDOC”) is hereby DIRECTED to provide the last-known addresses of
Defendants Lafler and Meagher. In his initial complaint, Plaintiff named “MDOC

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Warden Blaine Lafler” and “MDOC Deputy Warden Barbara Meagher.” (DE 1.)
The U.S. Marshals Service attempted to serve Defendants Meagher and Lafler at
their MDOC work addresses Plaintiff provided. However, on June 1, 2015,
waivers of service were returned unexecuted as to Ms. Meagher and Mr. Lafler,
explaining that they were no longer employed by the MDOC. (DE 29 and 30.)
It appears, therefore, that Ms. Meagher and Mr. Lafler are former State of
Michigan prison employees who can no longer be found at the work addresses
provided by Plaintiff. Accordingly, no later than TEN DAYS FROM THE
DATE OF THIS ORDER, pursuant to Administrative Order 09-AO-0043, the
MDOC is DIRECTED to furnish the U.S. Marshals Service with Barbara
Meagher and Blaine Lafler’s last-known addresses. The information must be sent
to: Administrative Officer, U.S. Marshals Service, Eastern District of Michigan,
231 West Lafayette, Detroit, Michigan 48226. The information may be used only
for purposes of effectuating service (or for proof of service, should a dispute arise),
and any documentation of the address will be retained only by the U.S. Marshals
Service. Address information will not be maintained in the court file or disclosed
by the U.S. Marshals Service except as directed by court order.
The U.S. Marshals Service is authorized to mail a request for waiver of
service to Ms. Meagher and Mr. Lafler in the manner prescripted by Federal Rule
of Civil Procedure 4(d)(2) before attempting personal service. The U.S. Marshals
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Service may collect the usual and customary costs from Plaintiff after effectuating
service.
IT IS SO ORDERED.

Dated: August 6, 2015

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

I hereby certify that a copy of the foregoing document was sent to parties of record
on August 6, 2015, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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