Lemay v. NH Department of Safety, Division of State Police, Sex Offender Registry

Filing 16

ORDER re service of Trooper McDonald. Clerk's office to provide Lemay with blank summons form. Miscellaneous Deadline set for 9/6/2012 to follow up return of completed summons as to Trooper McDonald. So Ordered by Magistrate Judge Landya B. McCafferty.(dae)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Harvey Lemay
v.

Civil No. 11-cv-185-JD

New Hampshire State Police
Department of Sex Offender
Registration et al.

O R D E R
On June 11, 2012, the court issued an order (doc. no. 10)
directing service of plaintiff’s complaint (doc. nos. 1 and 8)
on the following defendants: New Hampshire State Trooper Jill
Rocky, retired New Hampshire State Trooper McDonald, and New
Hampshire State Trooper Rowe.

Service was made by the U.S.

Marshal on Troopers Rocky and Rowe (doc. nos. 13 and 14).
According to notes written on the unexecuted return of service
filed by the U.S. Marshal on July 16, 2012 (doc. no. 12),
service on McDonald was attempted on July 2, 2012, at the New
Hampshire State Police headquarters, but that office would not
accept service or provide contact information for McDonald.
In order that the U.S. Marshal may effect service, pursuant
to Fed. R. Civ. P. 4(c)(3), Lemay must provide the court with a
summons form containing a proper address for McDonald.

If Lemay

is unable to otherwise locate an address for McDonald, he may

obtain that information during discovery by requesting the
information from the other defendants named in this action by
interrogatory, pursuant to Fed. R. Civ. P. 33(a).

Lemay may

also ask counsel for defendants to accept service for McDonald,
pursuant to Fed. R. Civ. P. 4(e)(2)(C), in lieu of producing
McDonald’s home address.2

Conclusion
The Clerk’s office is directed to provide Lemay with a
blank summons form.

Lemay is directed to return the completed

summons form for Trooper McDonald, with a proper address, if he
is able to obtain it, within thirty days of the date of this
order.
Upon receipt of the completed summons form, the Clerk’s
office is directed to issue the summons and proceed with service

2

While counsel is not obligated, or may not be authorized,
to accept service for McDonald, it appears that counsel is able
to contact McDonald, in light of the July 12, 2012, appearance
filed by defendants’ counsel on McDonald’s behalf (doc. no. 11).
At this time, the court makes no comment as to whether counsel’s
appearance on McDonald’s behalf might constitute McDonald’s
voluntary appearance and waiver of formal service of process in
this case.
2

as directed in the court’s June 11, 2012, service order (doc.
no. 10).
SO ORDERED.

__________________________
Landya McCafferty
United States Magistrate Judge
August 7, 2012
cc:

Harvey Lemay, pro se
David M. Hilts, Esq.

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