Phillips v. Blanks et al

Filing 10

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, on or before June 18, 2015, plaintiff shall provide the Court with the full name and address of defendant Officer Unknown Blanks, so that service may be effected. IT IS FURTHER ORDERED that if plaintiff fails to comply fully and timely with this Order, the Court will dismiss this action, without prejudice and without further notice to plaintiff. Response to Court due by 6/18/2015. Signed by District Judge Charles A. Shaw on 5/18/15. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

CLINT PHILLIPS, III,
Plaintiff,
v.
UNKNOWN BLANKS,
Defendant.

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No. 4:15-CV-485 CAS

MEMORANDUM AND ORDER
This matter is before the Court on a summons that was returned Aunexecuted@ by the United
States Marshals Service as to defendant Officer Unknown Blanks. (See Doc. 9). Pursuant to a
previous Order of this Court (Doc. 6), the Clerk of Court was instructed to issue process or cause
process to be issued on the amended complaint as to this defendant. Plaintiff’s Complaint alleges
that Blanks was a police officer with the St. Louis City Police Department in the Sixth District on
Union Boulevard. The Marshals Service attempted to serve defendant Blanks at that location.
The returned summons, however, bears the notation: "Desk sgt. stated no one with name Blanks
works there. Unservable with information provided."
As plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. ' 1915, the Court is
required to serve process on his behalf, provided that plaintiff has given the Court the proper
service information with respect to each defendant. See Lee v. Armontrout, 991 F.2d 487, 489
(8th Cir. 1993) (per curiam) (in forma pauperis plaintiff is responsible for providing the marshal
with the proper address for service on a defendant). As such, plaintiff will be instructed to
provide the Court with the full name and current address of Officer Unknown Blanks on or before
June 18, 2015, so that service may be effected, as more fully set forth below.

Accordingly,
IT IS HEREBY ORDERED that, on or before June 18, 2015, plaintiff shall provide the
Court with the full name and address of defendant Officer Unknown Blanks, so that service may
be effected.
IT IS FURTHER ORDERED that if plaintiff fails to comply fully and timely with this
Order, the Court will dismiss this action, without prejudice and without further notice to plaintiff.

____________________________________
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this

18th

day of May, 2015.

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