Amos v. Stolzer et al

Filing 9

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the United State Marshal is directed to serve a copy of the complaint on defendant P. Kard through personal service at either his workplace, at the St. Genevieve County Jail, or wherever else his person may be found. See Beyer v. Pulaski Cnty Jail, 2014 U.S. App. LEXIS 19338 (8th Cir. Oct. 10, 2014). Signed by District Judge Stephen N. Limbaugh, Jr on 2/25/15. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
ATARI J. AMOS,
Plaintiff,
v.
P. KARD,
Defendant.

)
)
)
)
)
)
)
)
)

No. 1:14CV63 SNLJ

MEMORANDUM AND ORDER
By Memorandum and Order issued on November 18, 2014, the Court ordered the United
States Marshal to attempt to issue process or cause process to issue upon plaintiff’s complaint as
to P. Kard, a correctional officer with the St. Genevieve County Jail. [Doc. #5]. On November
20, 2014, the United States Marshal returned the summons as executed. On the “remarks”
section of the return of summons, the Marshal stated, “Spoke to Sheriff who stated on phone he
would accept service via cert. mail.” [Doc. #8] Thus, it appears that a copy of the complaint
was sent to P. Kard through the Office of the Sheriff at the St. Genevieve County Jail.
Nonetheless, there is no indication on the docket that P. Kard actually received a copy of
the complaint or actual service of summons, as no answer or other responsive pleading has yet
been filed in this case. Therefore, the Court will require the Marshal to personally serve
defendant at his workplace, the St. Genevieve County Jail, or wherever else his person may be
found.
Accordingly,
IT IS HEREBY ORDERED that the United State Marshal is directed to serve a copy of
the complaint on defendant P. Kard through personal service at either his workplace, at the St.

Genevieve County Jail, or wherever else his person may be found. See Beyer v. Pulaski Cnty
Jail, 2014 U.S. App. LEXIS 19338 (8th Cir. Oct. 10, 2014).
Dated this 25th day of February 2015.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

2