Paige v. Murry et al

Filing 17

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk of Court shall issue process or cause process to be issued on defendant Sgt. Jerry Murray, identified by plaintiff as an employee of the Missouri Department of Corrections. This defendant sha ll be served in accordance with the waiver agreement maintained with the Missouri Attorney General's Office. IT IS FURTHER ORDERED that the defense counsel in this matter shall inform the Court in writing within ten (10) days of the date of this order of any known address of defendant Danny Draper. Defense counsel's written response to this order should be entitled "In Camera Response to Order of July 12, 2012," and should be mailed directly to the chambers of the undersigned , at the following address: United States District Court, Eastern District of Missouri, Southeastern Division, 555 Independence, Cape Girardeau, Missouri, 63703.IT IS FURTHER ORDERED that upon receipt of defense counsel's response, the Court wil l notify plaintiff in writing whether an address has been provided, and if so, the Court will arrange for issuance of summons on plaintiff's behalf. If defense counsel responds that they do not have an address for defendant Taber, plaintiff's claims against defendant Taber will be dismissed without prejudice pursuant to Rule 4(m), Fed. R. Civ. P. Response to Court due by 7/23/2012. Signed by Honorable Stephen N. Limbaugh, Jr on 7/11/2012. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
LACEY KURT PAIGE,
Plaintiff,
v.
UNKNOWN MURRAY, et al.,
Defendants.

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No. 1:12CV40 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court upon plaintiff’s response to this Court’s June
11, 2012 Memorandum and Order, wherein plaintiff was required to provide the
Court with the proper names and service addresses of defendants Unknown
Murray and Unknown Taber.
Plaintiff has indicated that defendant Murray’s full name is: Sgt. Jerry
Murray and that he is a current employee at the Missouri Department of
Corrections. As such, the Clerk of Court shall effectuate process on defendant
Murray through the waiver of service agreement this Court enjoys with the
Missouri Attorney General’s Office.
Plaintiff has not provided the Court with any additional information
regarding defendant Taber, noting only that his full name is Danny Taber, and that

he was a former employee of the Missouri Department of Corrections.1 As an
inmate, plaintiff is not allowed access to personnel records of employees or former
employees as a security precaution. As such, plaintiff has no means by which to
obtain this defendant's address for service. The Court will order defense counsel
to provide defendant Taber’s last known address to the Court in camera, to permit
service of process to be effected on defendant Taber.
Accordingly,
IT IS HEREBY ORDERED that the Clerk of Court shall issue process or
cause process to be issued on defendant Sgt. Jerry Murray, identified by plaintiff
as an employee of the Missouri Department of Corrections. This defendant shall
be served in accordance with the waiver agreement maintained with the Missouri
Attorney General’s Office.
IT IS FURTHER ORDERED that the defense counsel in this matter shall
inform the Court in writing within ten (10) days of the date of this order of any
known address of defendant Danny Draper. Defense counsel’s written response to
this order should be entitled "In Camera Response to Order of July 12, 2012," and
should be mailed directly to the chambers of the undersigned, at the following
1

On May 11, 2012, Asst. Attorney General Eileen Ruppe Krispin confirmed
in her correspondence with this Court that defendant Taber was no longer
employed by MDOC. [Doc. #10]
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address: United States District Court, Eastern District of Missouri, Southeastern
Division, 555 Independence, Cape Girardeau, Missouri, 63703.
IT IS FURTHER ORDERED that upon receipt of defense counsel’s
response, the Court will notify plaintiff in writing whether an address has been
provided, and if so, the Court will arrange for issuance of summons on plaintiff's
behalf. If defense counsel responds that they do not have an address for defendant
Taber, plaintiff's claims against defendant Taber will be dismissed without
prejudice pursuant to Rule 4(m), Fed. R. Civ. P.
Dated this 11th day of July, 2012.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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