Jackson v. Ossell et al

Filing 50

ORDER denying 45 Plaintiff's "Motion to Consider more Evidence"; denying 29 Plaintiff's "Motions Judgment and Pay"; and denying 30 Plaintiff's "Motion" for "consent". (Written Opinion) Signed by Magistrate Judge Becky R. Thorson on 10/15/2018. (DMM) cc: Howard G. Jackson. Modified text on 10/15/2018 (MMP).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Howard G. Jackson,

Civ. No. 17-5483 (JRT/BRT)
Plaintiff,

v.
ORDER
David Ossell, and Melissa Gunderson,
Defendants.

Howard G. Jackson, pro se Plaintiff.
Judith A. Hanson, Esq., Saint Paul City Attorney’s Office, counsel for Defendant Ossell.

BECKY R. THORSON, United States Magistrate Judge.
This matter is before the Court on pro se Plaintiff’s self-styled “Motions
Judg[]ment and Pay” regarding Defendant Melissa Gunderson (Doc. No. 29), a
“Motion[]” for “consent” (Doc. No. 30), and a “Motion to Consider more Evidence”
(Doc. No. 45), filed in response to Defendant Ossell’s Motion to Dismiss. Based on the
file, record, and proceedings herein, the Court issues the following Order.
ORDER
IT IS HEREBY ORDERED that:
1.

Plaintiff’s “Motions Judg[]ment and Pay” and “Motion[]” for “consent”

regarding Defendant Melissa Gunderson (Doc. Nos. 29 and 30) are DENIED. It appears
that through these motions Plaintiff is seeking default judgment against Defendant

Melissa Gunderson for her failure to appear in response to Plaintiff’s lawsuit. However,
service of Plaintiff’s Complaint and the Summons has yet to be executed on Defendant
Gunderson. Instead, the Summons was returned unexecuted for Melissa Gunderson
stating that Gunderson does not work at the address provided. (Doc. No. 38.)
2.

The Court hereby provides Plaintiff an extension of 30 days from the date

of this Order both to complete a new Form USM-285 for Melissa Gunderson and to effect
service on her. The Clerk’s Office shall provide Plaintiff with a Form USM-285 to fill out
and return. To ensure that Melissa Gunderson is properly served, the Court hereby orders
the United States Marshals Service to serve Melissa Gunderson with a copy of the
Summons, Complaint, and this Order. This service must fully comport with Rule 4 of the
Federal Rules of Civil Procedure. The United States Marshals Service shall either
personally serve Melissa Gunderson using the information Plaintiff provides on Form
USM-285 or identify and serve an individual who is authorized to accept service on her
behalf.
3.

Because the Court separately recommends that Defendant’s Motion to

Dismiss be denied, the Court need not consider further evidence from Plaintiff for the
purpose of making a recommendation on that motion. Therefore, Plaintiff’s “Motion to
Consider more Evidence” (Doc. No. 45) is DENIED.
Date: October 15, 2018
s/ Becky R. Thorson
BECKY R. THORSON
United States Magistrate Judge
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