Wooley v. Medicine Horn Jr. et al

Filing 19

ORDER - Plaintiff's request for service by United States Marshal is granted. To obtain service of process on the defendants by the U.S. Marshal, Plaintiff must complete and return summonses forms and a USM-285 form for each defendant. Upon recei pt of the completed forms, the Clerk of Court will sign the forms, to be forwarded with a copy of the Complaint to the U.S. Marshal for service of process. Plaintiff shall have an extension of time to March 16, 2018, to complete service of process. The show cause deadline is terminated. Ordered by Magistrate Judge Michael D. Nelson. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CELESTE WOOLEY, as Widow of the
Decedent and as Personal Representative of the
ESTATE OF VICTOR WOOLEY, and as
Guardian and Next Friend of ANGELICA
WOOLEY, ISABELLA WOOLEY, Michael
Wooley, VICTOR WOOLEY III, and DANIEL
WOOLEY, minor children;

8:17CV342
ORDER

Plaintiff,
vs.
TIMOTHY A. MEDICINE HORN JR.,
Employee/Agent of Clear Trucking; and
CLEAR TRUCKING,
Defendants.

This matter is before the Court upon its review of Plaintiff’s Response to Order to Show
Cause (Filing No. 18). Previously, the Court ordered Plaintiff to show cause for the failure to
to serve the defendants within 90 days pursuant to Federal Rule of Civil Procedure 4(m). (Filing
No. 16). Counsel for Plaintiff represents she has been diligently attempting to perfect service on
Defendants. (Filing No. 18 at p. 4). The record reflects several attempts to serve defendants,
with the summons being returned unexecuted each time. Plaintiff requests additional time to
serve the defendants and an order for service by United States Marshal or Deputy United States
Marshal. (Filing No. 18 at p. 2).
Plaintiff was granted leave to proceed in forma pauperis on September 20, 2017. (Filing
No. 5). Therefore, Plaintiff is eligible to request service by the a United States marshal or deputy
marshal. See Fed. R. Civ. P. 4(c)(3)(“At the plaintiff’s request, the court may order that service
be made by a United States marshal or deputy marshal . . . The court must so order if the plaintiff
is authorized to proceed in forma pauperis[.]”). Accordingly,

IT IS ORDERED:
1. Plaintiff’s request for service by United States Marshal is granted. To obtain
service of process on the defendants by the U.S. Marshal, Plaintiff must complete
and return summonses forms and a USM-285 form for each defendant. Upon
receipt of the completed forms, the Clerk of Court will sign the forms, to be
forwarded with a copy of the Complaint to the U.S. Marshal for service of
process.
2. Plaintiff shall have an extension of time to March 16, 2018, to complete service of
process.
3. The show cause deadline is terminated.
Dated this 11th day of January, 2018.
BY THE COURT:
s/ Michael D. Nelson
United States Magistrate Judge

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