Pritchett v. Wallace et al

Filing 38

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that within fifteen (15) days of the date of this Order, Mr. David Kirby shall provide the Court with the last known addresses of defendants W. Petty (Officer No. 109476), Cynthia Reese, Officer Kircher, Off icer Hayes and Officer Kline. Mr. Kirbys response to this Order should be entitled "In Camera Response to Order of January 9, 2013," and should be mailed directly to the chambers of the undersigned, IT IS FURTHER ORDERED that upon receipt o f the in camera response, the Court will notify plaintiff in writing whether the addresses for defendants have been provided, and if so, the Court will arrange for issuance of summons and Marshal's forms on plaintiff's behalf. IT IS FURTHER ORDERED that the Clerk of Court shall update thedocket to reflect the correct names of the defendants, as reflected on the entries of appearance, answers and waiver of service filed by counsel for defendants on October 10, 2013 [Doc. #16 and #17], November 18, 2013 [Doc. #23] and January 2, 2014 [Doc. #36 and #37].Response to Court due by 1/24/2014.. Signed by District Judge Stephen N. Limbaugh, Jr on 1/9/14. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
ERIC PRITCHETT,
Plaintiff,
v.
IAN WALLACE, et al.,
Defendants.

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No. 1:13CV100 SNLJ

MEMORANDUM AND ORDER
Before the Court is attorney David Kirby’s October 10, 2013 notice to the
Court that he cannot waive service on behalf of defendants Correctional Officer
Unknown Hayes, Correctional Officer Unknown Kircher, Correctional Officer
Unknown Kline, Correctional Officer Unknown Reese or Correctional Officer ID
No. 109476.
David Kirby, counsel of record for the defendant employees of the Missouri
Department of Corrections (“MDOC”), asserts that he is unable to waive service
of process on behalf of these defendants because the “Missouri Department of
Corrections has no record of them being employed there.”
Plaintiff has filed a memorandum to the Court regarding service on the
aforementioned defendants [Doc. #27], wherein he has provided additional
identifying information about the defendants. For example, he has identified

Correctional Officer ID No. 109476 as a Correctional Officer named W. Petty. He
has also identified Correctional Officer Reese’s full name as Cynthia Reese.
Furthermore, plaintiff has provided information as to where (female) Officer
Kircher may be found. He claims Officer Kircher works at Farmington
Correctional Center in Farmington, Missouri. He also claims that Officer Kline
has been promoted to Correctional Officer II and works on the 11:30 to 7:30 a.m.
shift at SECC in Housing Unit 2 in the Administrative Segregation Unit.
Similarly, plaintiff reports that Unknown Hayes also works at SECC and is
assigned to Housing Unit 2 in the Administrative Segregation Unit. However,
plaintiff states that Officer Hayes works on the 7:30 a.m. to 3:30 p.m. shift.
(Plaintiff has also provided information as to height, weight and hair color should
such facts be necessary.)
As it appears that plaintiff has provided defense counsel with additional
information supporting the identification of the aforementioned
defendants/employees of MDOC, Mr. Kirby shall either provide the Court, in
camera, with the last known addresses of defendants so that the Court may attempt
to effectuate service on plaintiff’s behalf or notify the Court in writing, within
fifteen (15) days of the date of this Memorandum and Order that he will waive
service on defendants’ behalf.
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Accordingly,
IT IS HEREBY ORDERED that within fifteen (15) days of the date of this
Order, Mr. David Kirby shall provide the Court with the last known addresses of
defendants W. Petty (Officer No. 109476), Cynthia Reese, Officer Kircher, Officer
Hayes and Officer Kline. Mr. Kirby’s response to this Order should be entitled "In
Camera Response to Order of January 9, 2013," 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. Alternatively, Mr. Kirby may notify the Court,
within fifteen (15) days of the date of this Memorandum and Order, that he wishes
to waive service of process on the aforementioned defendants.
IT IS FURTHER ORDERED that upon receipt of the in camera response,
the Court will notify plaintiff in writing whether the addresses for defendants have
been provided, and if so, the Court will arrange for issuance of summons and
Marshal's forms on plaintiff's behalf. If Mr. Kirby chooses to waive service, a
notation will be made on the Court’s docket and a copy of the docket sheet will be
mailed to plaintiff.
IT IS FURTHER ORDERED that the Clerk of Court shall update the
docket to reflect the correct names of the defendants, as reflected on the entries of
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appearance, answers and waiver of service filed by counsel for defendants on
October 10, 2013 [Doc. #16 and #17], November 18, 2013 [Doc. #23] and January
2, 2014 [Doc. #36 and #37].
Dated this 9th day of January, 2014.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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