Flennory v. Dawson et al

Filing 23

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that if defense counsel fails to enter an appearance on behalf of defendants Robert Dawson and David Moore within fourteen (14) days of the date of this Memorandum and Order, the Clerk of Court shall issue alias summons to defendants at the Office of Wasinger, Parham, Morthland, Terrell & Wasinger, L.C. (Response to Court due by 11/26/2013.) Signed by District Judge Catherine D. Perry on November 12, 2013. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
NATHANIEL EUGENE FLENNORY, )
)
Plaintiff,
)
)
v.
)
)
ROBERT DAWSON, et al.,
)
)
Defendants.
)

No. 2:12CV90 CDP

MEMORANDUM AND ORDER
Before the Court is defense counsel Amy Ohnemus’ memorandum
indicating that counsel will “agree to accept service on behalf of [defendants]
Robert Dawson and David Moore.” Counsel asks that the Court forward waiver
agreements to her attention so that counsel may execute the agreements on
defendants’ behalf.
Because the Court has undertaken the responsibility of effectuating service
on plaintiff’s behalf, pursuant to 28 U.S.C. § 1915, service must be effectuated
through summons under Fed.R.Civ.P.4(a) unless the Court and the named
defendants have a waiver agreement on file. Unfortunately, Macon County is not
one of the defendants this Court maintains a waiver agreement with. As such, a
waiver, pursuant to Rule 4(d), can only be effectuated if plaintiff is attempting
service on his own behalf.

As such, defense counsel has the option of simply entering an appearance
on behalf of defendants Robert Dawson and David Moore, or the Court can send
alias summons to defense counsel, since she has indicated that counsel will accept
summons on defendants’ behalf. If counsel fails to enter an appearance on
defendants’ behalf within fourteen (14) days of the date of this Memorandum and
Order, the Court will issue alias summons to defendants at the Office of Wasinger,
Parham, Morthland, Terrell & Wasinger, L.C.
Accordingly,
IT IS HEREBY ORDERED that if defense counsel fails to enter an
appearance on behalf of defendants Robert Dawson and David Moore within
fourteen (14) days of the date of this Memorandum and Order, the Clerk of Court
shall issue alias summons to defendants at the Office of Wasinger, Parham,
Morthland, Terrell & Wasinger, L.C.
Dated this 12th day of November, 2013.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

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