Kargbo v. Hillsborough County Department of Corrections, Superintendent

Filing 19

ORDER re: 18 US Marshal Return, Summons Returned Unexecuted re: FNU Meurin. ( Notice of Compliance Deadline set for 4/5/2012.) So Ordered by Magistrate Judge Landya B. McCafferty.(jab)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Abu B. Kargbo
v.

Civil No. 11-cv-130-SM

James O’Mara et al.

O R D E R
Before the court is an unexecuted “return of service” (doc.
no. 18), indicating that the United States Marshal for the
District of New Hampshire (“Marshal’s Office”) could not serve
the complaint upon defendant FNU Meurin at the Hillsborough
County Department of Corrections (“HCDOC”), because Meurin no
longer works for the HCDOC.

Plaintiff Kargbo has not provided

any current contact information for defendant Meurin for use by
the Marshal’s Office in serving process upon Meurin.
Plaintiff, Abu B. Kargbo, is hereby directed to provide
this court with updated address information for Meurin, within
90 days of the date of this order.

The court notes that

plaintiff might be able to obtain such information by sending to
the remaining defendants, who have been served, an interrogatory
requesting such information, see Fed. R. Civ. P. 33, or by
requesting that this court issue to Kargbo a subpoena directed

at Meurin’s former employer, the HCDOC, directing HCDOC to
produce a document or electronically stored information that
includes Meurin’s current employer’s address or other address
information for Meurin, see generally Fed. R. Civ. P. 45.
If Kargbo fails to provide this court with current address
information for Meurin within 90 days, or fails to file within
that same period a motion for an extension of time, which shows
good cause for the court to extend that deadline, detailing the
steps that Kargbo has taken to obtain updated contact
information, the court may recommend that the action as to
defendant Meurin be dismissed without prejudice, due to Kargbo’s
failure to effect service as to Meurin.

See Fed. R. Civ. P.

4(m).
SO ORDERED.

__________________________
Landya McCafferty
United States Magistrate Judge
January 5, 2012
cc:

Abu B. Kargbo, pro se

LBM:nmd

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