Clanton v. Killinger et al

Filing 6

ORDER that Plaintiffs time to serve the defendants is extended another 120 days; The Attorney General of the State of New York is requested to provide any information she can ascertain to the Court by April 16, 2012. The information should be sent to the Pro Se Office; The Clerk of Court shall send a copy of this Order and the complaint to Debra A. Martin, Esq., Assistant Attorney General in Charge, 144 Exchange Street, Rochester, New York 14614. Signed by Hon. Michael A. Telesca on 3/22/2012. (TO)

-PS-O-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
WILLIAM CLANTON, 03A4400,
Plaintiff,
-v-

11-CV-6382Fe
ORDER

Nurse KILLINGER, Nurse MOHRING,
DR. LASKOWSKI and JOHN DOE #1,
Health Care Dir.,
Defendants.

Plaintiff William Clanton, an inmate proceeding pro se, was
granted permission to proceed in forma pauperis on October 16, 2011
(Docket No. 5)and the Court directed the U. S. Marshal to serve the
defendants.

The Marshal attempted to serve each of the named

defendants by mail on December 8, 2011.

None of the service forms

mailed to defendants by the Marshal’s Service on December 8, 2011
has been returned indicating in any way that service at the
addresses

provided by

plaintiff was

not

possible.

Nor have

acknowledgments of service been received by the Marshal’s Service
or the Court.

In addition, although no Notice of Appearance has

been filed with the Court, on January 8, 2012 the Court received a
copy of a letter from Assistant Attorney General Hillel Deutsch to
the plaintiff requesting that plaintiff sign a release for his
medical records regarding this action.
As a prisoner-litigant proceeding in forma pauperis, plaintiff
is "entitled to rely on service by the U.S. Marshals."
v..

Weetabix

Co.,

807

F.2d

309,

311

(2d

Romandette

Cir.1986)

(citing

Fed.R.Civ.P. 4(c)(2)).
information
uniformly

necessary

held

that

So long as such a prisoner provides the
to
the

identify
Marshals'

the

defendant,

failure

to

courts

effect

have

service

automatically constitutes good cause within the meaning of Rule
4(m). See Moore v. Jackson, 123 F.3d 1082, 1085-86 (8th Cir.1997);
Bird v. Stone, 94 F.3d 217, 220 (6th Cir.1996); Dumaguin v. Sec'y
of HHS, 28 F.3d 1218, 1221 (D.C.Cir.1994); Puett v. Blandford, 912
F.2d 270, 276 (9th Cir.1990); Sellers v. United States, 902 F.2d
598, 602 (7th Cir.1990).

Plaintiff’s time to serve the defendants

is, therefore extended another 120 days.
The Court hereby requests that the Attorney General of the
State of New York assist the Court in ascertaining what impediments
there

may

be

defendants.

in

the

Marshal’s

attempts

to

serve

the

named

The Attorney General of the State of New York is

requested to provide any information she can ascertain to the Court
by April 16, 2012.

The information should be sent to the Pro Se

Office, 304 U.S. Courthouse, 68 Court Street, Buffalo, New York
14202.
The Clerk of Court shall send a copy of this Order and the
complaint to Debra A. Martin, Esq., Assistant Attorney General in
Charge, 144 Exchange Street, Rochester, New York 14614.
SO ORDERED.
S/ Michael A. Telesca
_____________________________________
MICHAEL A. TELESCA
United States District Judge
Dated:

March 22, 2012
Rochester, New York
2