Lebon v. St. Louis Metro Police Department et al

Filing 24

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the United States Marshals Service shall serve defendant Thomas Scanlon in accordance with Rule 4(e)(2)(A) of the Federal Rules of Civil Procedure. Specifically, the Marshals Service shall serve the de fendant by delivering the alias summons and amended complaint [Doc. # 6 ] to Thomas Scanlon, personally. IT IS FURTHER ORDERED that the Clerk of Court shall provide the Marshals Service with a copy of this Memorandum and Order. Signed by Magistrate Judge Terry I. Adelman on 10/8/13. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

THOMAS PAUL LEBON,
Plaintiff,
v.
THOMAS SCANLON,
Defendant.

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No. 4:13-CV-256-TIA

MEMORANDUM AND ORDER
Before the Court is a letter dated September 27, 2013, from the City of St. Louis
City Counselor, stating that they cannot waive service on defendant Thomas Scanlon,
because they have not been given authority to do so [Doc. #23].
In the absence of a waiver of service on defendant Scanlon, and having
previously determined that the United States Marshals Service (“Marshals Service”)
failed to properly serve process in this action on August 23, 2013,1 in accordance with

As this Court previously explained, the August 23, 2013 service of process
by the Marshals Service was insufficient, because there is no indication that
“Natalie Henson” is an “agent authorized by appointment or by law to receive
service of process” on behalf of Thomas Scanlon, and defendant’s workplace is not
his “dwelling or usual place of abode.” Moreover, the Court notes that it appears
the Marshal served a copy of the complaint, rather than the amended complaint
[Doc. #21].
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Rule 4 of the Federal Rules of Civil Procedure, the Court will instruct the Marshals
Service to serve process on Thomas Scanlon in accordance with the specific
instructions set forth below.
Accordingly,
IT IS HEREBY ORDERED that the United States Marshals Service shall
serve defendant Thomas Scanlon in accordance with Rule 4(e)(2)(A) of the Federal
Rules of Civil Procedure.2 Specifically, the Marshals Service shall serve the defendant
by delivering the alias summons and amended complaint [Doc. #6] to Thomas Scanlon,
personally.3

Rule 4(e)(2)(A) of the Federal Rules of Civil Procedure states that service
may be made on an individual by following state law or by:
(A) delivering a copy of the summons and of the complaint to the individual
personally[.]
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Plaintiff has not yet provided the Court with defendant Thomas Scanlon’s
personal address; however, it appears that Scanlon is currently working as a St.
Louis City police officer. As such, the Marshals Service should attempt to ascertain
when would be an appropriate time to personally serve Thomas Scanlon at work.
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IT IS FURTHER ORDERED that the Clerk of Court shall provide the
Marshals Service with a copy of this Memorandum and Order.
Dated this 8th day of October, 2013.

/s/ Terry I. Adelman
UNITED STATES MAGISTRATE JUDGE

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