Decoteau v. Houston et al

Filing 23

MEMORANDUM AND ORDER regarding the Motion to Compel 20 IT IS ORDERED: 1.The clerk of the court is directed to complete and issue summonses for Defendants Robert Houston, Michael Kenney, Diane Sabaka Rhine, Christine Ferguson, Charles Coren, Randy K ohl, and Khrystyna Dority in their official capacities. The clerk of the court is further directed to deliver the summonses, the necessary USM-285 Forms, the Complaint (Filing No. 1), the Amended Complaint (Filing No. 18), and a copy of this order t o the United States Marshals Service for service of process. 2.The clerk of the court is directed to complete and issue summonses for Defendants Randy Kohl, Christina Ferguson, and Khrystyna Dority in their individual capacities at the address provi ded by the plaintiff. The clerk of the court is further directed to deliver the summonses, the necessary USM-285 Forms, the Complaint (Filing No. 1), the Amended Complaint (Filing No.18), and a copy of this order to the United States Marshals Servic e for service of process on Defendants Randy Kohl, Christina Ferguson, and Khrystyna Dority in their individual capacities. 3.The clerk of the court is directed to obtain the last known addresses for Defendants Charles Coren, Robert Houston, Michae l Kenney, and Diane Sabaka Rhine from the United States Marshals Service. Upon obtaining these addresses, the clerk of the court is directed to complete and issue summonses for Defendants Charles Coren, Robert Houston, Michael Kenney, and Diane Saba ka Rhine in their individual capacities at the addresses provided by the United States Marshals Service. The clerk of the court is further directed to deliver the summonses, the necessary USM-285Forms, the Complaint (Filing No. 1), the Amended Compl aint (Filing No. 18), and a copy of this order to the United States Marshals Service for service of process on Defendants Charles Coren, Robert Houston, Michael Kenney, and Diane Sabaka in their individual capacities. 4.The clerk of the court is directed to file under seal any document containing the last known addresses for Defendants Charles Coren, Robert Houston, Michael Kenney, and Diane Sabaka Rhine. Ordered by Judge John M. Gerrard. (Copy mailed/e-mailed to pro se party)(DKM, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHRISTOPHER L. DECOTEAU,

)
)
Plaintiff,
)
)
v.
)
)
ROBERT HOUSTON, MICHAEL
)
KENNEY, Director, RANDY KOHL, )
Medical Director, DIANE SABAKA )
RHINE, Warden, CHRISTINA
)
FERGUSON, Doctor, CHARLES
)
COREN, Eye Clinic, and
)
KHRYSTYNA DORITY,
)
)
Defendants.
)

4:14CV3165

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff Christopher Decoteau’s “Motion to
Compel Discovery” (Filing No. 20.) The court previously determined this action may
proceed to service of process as to the plaintiff’s claims against Robert Houston,
Michael Kenney, Diane Sabaka Rhine, Christine Ferguson, Charles Coren, Randy
Kohl, and Khrystyna Dority in their individual and official capacities. (See Filing No.
19 at CM/ECF p. 7.)
The plaintiff states that he is unable to obtain current addresses for Defendants
Charles Coren, Robert Houston, Michael Kenney, and Diane Sabaka Rhine because
they are no longer employed by the Nebraska Department of Correctional Services.
The plaintiff is proceeding in forma pauperis in this matter and is, therefore, entitled
to rely on service by the United States Marshals Service. See Beyer v. Pulaski County
Jail, 589 Fed. Appx. 798, 799 (8th Cir. 2014) (quoting Richardson v. Johnson, 598
F.3d 734, 739-40 (11th Cir. 2010) (unreasonable to expect incarcerated pro se
prisoner-litigants to provide current addresses of prison-guard defendants who no
longer work at prison)); see also id. (quoting Graham v. Satkoski, 51 F.3d 710, 713

(7th Cir. 1995) (when court instructs Marshal to serve papers for prisoner, prisoner
need furnish no more than information necessary to identify defendant; Marshal
should be able to ascertain defendant’s current address)). The plaintiff has provided
addresses for Defendants Randy Kohl, Christina Ferguson, and Khrystyna Dority.
(See Filing No. 20 at CM/ECF p. 1.)
IT IS ORDERED:
1.
The clerk of the court is directed to complete and issue summonses for
Defendants Robert Houston, Michael Kenney, Diane Sabaka Rhine, Christine
Ferguson, Charles Coren, Randy Kohl, and Khrystyna Dority in their official
capacities. See Fed. R. Civ. P. 4(j) (“A state . . . that is subject to suit must be served
by: (A) delivering a copy of the summons and of the complaint to its chief executive
officer; or (B) serving a copy of each in the manner prescribed by that state’s law for
serving a summons or like process on such a defendant.”). The clerk of the court is
further directed to deliver the summonses, the necessary USM-285 Forms, the
Complaint (Filing No. 1), the Amended Complaint (Filing No. 18), and a copy of this
order to the United States Marshals Service for service of process.
2.
The clerk of the court is directed to complete and issue summonses for
Defendants Randy Kohl, Christina Ferguson, and Khrystyna Dority in their individual
capacities at the address provided by the plaintiff. (See Filing No. 20 at CM/ECF p.
1.) The clerk of the court is further directed to deliver the summonses, the necessary
USM-285 Forms, the Complaint (Filing No. 1), the Amended Complaint (Filing No.
18), and a copy of this order to the United States Marshals Service for service of
process on Defendants Randy Kohl, Christina Ferguson, and Khrystyna Dority in their
individual capacities.
3.
The clerk of the court is directed to obtain the last known addresses for
Defendants Charles Coren, Robert Houston, Michael Kenney, and Diane Sabaka
2

Rhine from the United States Marshals Service. Upon obtaining these addresses, the
clerk of the court is directed to complete and issue summonses for Defendants Charles
Coren, Robert Houston, Michael Kenney, and Diane Sabaka Rhine in their individual
capacities at the addresses provided by the United States Marshals Service. The clerk
of the court is further directed to deliver the summonses, the necessary USM-285
Forms, the Complaint (Filing No. 1), the Amended Complaint (Filing No. 18), and a
copy of this order to the United States Marshals Service for service of process on
Defendants Charles Coren, Robert Houston, Michael Kenney, and Diane Sabaka in
their individual capacities.
4.
The clerk of the court is directed to file under seal any document
containing the last known addresses for Defendants Charles Coren, Robert Houston,
Michael Kenney, and Diane Sabaka Rhine.
DATED this 17th day of June, 2015.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District
of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they
provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The
court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases
to work or directs the user to some other site does not affect the opinion of the court.

3