Elbert v. Kansas City, Missouri, City of et al

Filing 100

ORDER granting in part and denying in part 91 motion to compel. Signed on 4/6/2012 by District Judge Howard F. Sachs. (Baldwin, Joella)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
RICHARD M. ELBERT
Plaintiff,
v.
KANSAS CITY, MISSOURI POLICE
DEPARTMENT, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 11-0428-CV-W-HFS

ORDER

Plaintiff has filed a motion to compel service of a second amended complaint on defendants
Police Officer Hernandez and Detective Robert Gibbs. The docket sheet indicates that on September
21, 2011, service of the initial complaint was executed on Officer Hernandez (doc. 13), and on
October 19, 2011, Assistant Attorney General Lauren A. Horsman, entered an appearance on behalf
of officer Hernandez and other named defendants (doc. 21), therefore, service does not need to be
repeated.
Service of the second amended complaint was unexecuted on Detective Gibbs due to
incorrect address (docs. 89 and 90). Plaintiff complains about the return of service on this
defendant, but it is plaintiff’s responsibility to insure correct and appropriate information is provided
so that proper service is timely effected. Lindstedt v. City of Granby, 238 F.3d 933, 937 (8th Cir.
2000) (pro se litigant must comply with the Federal Rules of Civil Procedure and other litigation
rules as is a lawyer).
Accordingly, it is hereby
ORDERED that plaintiff’s motion to compel service (ECF doc. 91) is GRANTED in part

and DENIED in part. The clerk of the court shall forward appropriate process forms to plaintiff, and
within twenty days, plaintiff shall return the completed summons and service forms to the clerk’s
office showing the address where defendant Gibbs may be served. It is further
ORDERED that the clerk of the court issue summons and process after receiving the
necessary information from plaintiff and to deliver same to the United States Marshall for service
upon defendant Gibbs. The United States Marshall may first attempt service by certified mail, return
receipt requested. It is further
ORDERED that the clerk of the court mail a copy of this order by regular mail, and certified
mail, return receipt to plaintiff at:
8113 Troost
Kansas City, Mo. 64131
/s/Howard F. Sachs
HOWARD F. SACHS
UNITED STATES DISTRICT JUDGE
April 6, 2012
Kansas City, Missouri