Cook v. Godert et al

Filing 31

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court shall issue process or cause process to issue on defendant Jeffrey McCullum in his individual capacity as to plaintiff's claim of deliberate indifference to his medical needs at the address provided by defense counsel in Doc. 30 . IT IS FURTHER ORDERED that because plaintiff is proceeding in forma pauperis, service shall be effectuated by the United States Marshals Office through summons pursuant to Fed. R. Civ. P. 4. IT IS FURTHER ORDERED that a copy of the summons and return of summons shall be filed under seal and ex parte, and will not be served upon plaintiff, as these documents will contain the last known residential address of defendant Jeffrey McCullum. Signed by District Judge Stephen R. Clark on 10/13/20. (JAB)

Case: 2:20-cv-00024-SRC Doc. #: 31 Filed: 10/13/20 Page: 1 of 2 PageID #: 302

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
JAMES COOK,
Plaintiff,
v.
LUKENDRA LOCKHART, et al.,
Defendants.

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No. 2:20-cv-00024-SRC

Memorandum and Order
This matter comes before the Court on its own motion. On October 6, 2020, the Court
ordered Corizon Health to show cause as to why they had not responded to the waiver of service
letter regarding defendant Jeffrey McCullum. (Doc. 28). The Court also directed that if Corizon
Health no longer employed McCullum, it provide his last known address. Id.
Corizon Health filed a response that same day. (Doc. 29). According to the response,
Corizon Health did not employ McCullum during his time as a physician at Northeast Correctional
Center. However, because Corizon Health was in possession of McCullum’s last known address,
it provided that information under seal. (Doc. 30).
Because plaintiff James Cook is proceeding in forma pauperis, the Court will direct the
Clerk of Court to effectuate service of process through the United States Marshal’s Office, using
the address provided in Doc. 30. See Fed. R. Civ. P. 4(c)(3). A copy of the summons and return of
summons shall be filed under seal and ex parte, and will not be served upon plaintiff, as this
document will contain the last known residential address of McCullum.
Accordingly,

Case: 2:20-cv-00024-SRC Doc. #: 31 Filed: 10/13/20 Page: 2 of 2 PageID #: 303

IT IS HEREBY ORDERED that the Clerk of Court shall issue process or cause process
to issue on defendant Jeffrey McCullum in his individual capacity as to plaintiff’s claim of
deliberate indifference to his medical needs at the address provided by defense counsel in Doc. 30.
IT IS FURTHER ORDERED that because plaintiff is proceeding in forma pauperis,
service shall be effectuated by the United States Marshal’s Office through summons pursuant to
Fed. R. Civ. P. 4.
IT IS FURTHER ORDERED that a copy of the summons and return of summons shall
be filed under seal and ex parte, and will not be served upon plaintiff, as these documents will
contain the last known residential address of defendant Jeffrey McCullum.
Dated this 13th day of October, 2020.

STEPHEN R. CLARK
UNITED STATES DISTRICT JUDGE

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