Jackson v. Rentro et al

Filing 13

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that, on or before June 14, 2016, plaintiff shall provide the Court with the correct name and address of defendants "Unknown Hergore" and Unknown Uptgrove so that service may be effected. Signed by District Judge Audrey G. Fleissig on 05/13/2016. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ELTON JACKSON,
Plaintiff,
v.
UNKNOWN RENTRO, et al.,
Defendants.

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No. 4:15-CV-1426-AGF

MEMORANDUM AND ORDER
On April 6, 2016, the Clerk of Court sent the Office of the Missouri
Attorney General a letter relative to waiver of service of process with respect to
defendants Unknown Rentro, Unknown Hergore, Unknown Hobbs, and Unknown
Uptgrove [Doc. 9].

In a letter dated May 2, 2016 [Doc. 11], Assistant Attorney

General Jeff Spahr agreed to waive service of process on behalf of defendants
Bradley Rentfro and Joel Hobbs.

Mr. Spahr informed the Court that there is no

one employed at the Missouri Department of Corrections with the name “Mr.
Hergore,” and therefore, service would not be waived as to defendant Unknown
Hergore.

Regarding defendant Unknown Uptgrove, Mr. Spahr advised the Court

that service would not be waived, because no one with that name is currently
employed at Missouri Department of Corrections, and an individual with a similar
name is no longer employed there.

Because 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.
As such, plaintiff will be instructed to provide the Court with the correct name and
address of Unknown Hergore and Unknown Uptgrove on or before June 14, 2016,
so that service may be effected. Plaintiff is warned that failure to comply with
this Order will result in dismissal of this action, without prejudice, as to defendants
Unknown Hergore and/or Unknown Uptgrove and without further notice to
plaintiff.
Accordingly,
IT IS HEREBY ORDERED that, on or before June 14, 2016, plaintiff
shall provide the Court with the correct name and address of defendants AUnknown
Hergore@ and “Unknown Uptgrove” so that service may be effected.
Dated this 13th day of May, 2016.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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