Jackson v. Rentro et al

Filing 23

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that "Corey N. Uptegrove" shall be SUBSTITUTED for "Unknown Uptgrove" as a party-defendant in this action. IT IS FURTHER ORDERED that the Clerk of Court shall issue process or cause pro cess to be issued on the complaint as to defendant Corey N. Uptegrove at the address provided under seal in Document #20. IT IS FURTHER ORDERED that summons and return of summons on defendant Corey N. Uptegrove shall be FILED UNDER SEAL. IT IS FURTHER ORDERED that "Eric M. Herzog" shall be SUBSTITUTED for "Unknown Hergore" as a party-defendant in this action. Signed by District Judge Audrey G. Fleissig on 7/7/2016. (NEB)

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
This matter is before the Court on its own motion. On or about May 2,
2016, the Office of the Missouri Attorney General notified the Court that it is
unable to waive service for defendant “Mr. Hergore,” because there is no one
employed by the Missouri Department by that name. With regard to defendant
“Mr. Uptgrove,” the Missouri Attorney General’s Office stated, “No one with that
name is currently employed at the Missouri Department of Corrections. An
individual with a similar name that previously worked for the Missouri Department
of Corrections is no longer employed there.”
Thereafter, the Court issued an Order directing defense counsel, Jeffrey T.
Spahr, Assistant Attorney General, to submit to the Court, under seal and ex parte,
the last known full names, residential addresses, and/or places of employment for
Missouri Department of Corrections employees, past or present, whose names are

similar to Mr. Uptgrove and Mr. Hergore [Doc. 19]. A response was filed under
seal on July 1, 2016 [Doc. 20]. Mr. Spahr provided the Court with the last known
address of “Corey N. Uptegrove,” and he states that he has determined that
plaintiff intended to name “Eric M. Herzog” as a defendant in this case, rather than
“Unknown Hergore.” Mr. Spahr has entered his appearance on behalf of Eric
Herzog [Doc. 21] and waived service of process as to this defendant [Doc. 22].
Accordingly,
IT IS HEREBY ORDERED that “Corey N. Uptegrove” shall be
SUBSTITUTED for “Unknown Uptgrove” as a party-defendant in this action.
IT IS FURTHER ORDERED that the Clerk of Court shall issue process or
cause process to be issued on the complaint as to defendant Corey N. Uptegrove at
the address provided under seal in Document #20.
IT IS FURTHER ORDERED that summons and return of summons on
defendant Corey N. Uptegrove shall be FILED UNDER SEAL.
IT IS FURTHER ORDERED that “Eric M. Herzog” shall be
SUBSTITUTED for “Unknown Hergore” as a party-defendant in this action.
Dated this 7th day of July, 2016.

UNITED STATES DISTRICT JUDGE

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