Melvin v. Naylor et al

Filing 26

ORDER granting 24 Motion to re-issue summons and denying 25 Motion to Appoint Counsel. Plaintiff's time for effecting service is extended to and including July 8, 2015. Plaintiff shall effect service and file proof of the same within that time or this case will be dismissed. Signed by District Judge Terrence W. Boyle on 6/27/15. Copies mailed to plaintiff at address listed in the docket. (Romine, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:14-CV-486-BO

PAMELA MELVIN

)
)

Plaintiff,

)
)

V.

ORDER

)

)
TRACY NAYLOR and GUARDIAN HART)
MEDICAL CARE,
)
)
Defendants. )

This cause comes before the Court on plaintiffs motion to re-issue summons [DE 24] and
motion to appoint counsel [DE 25]. Plaintiff incorrectly contends that because her summons
have "expired" she is unable to effect service on defendants within the time allowed by the
Court's 2 June 2015 order. The summons issued by the Court do not themselves expire, it is
only the time for effecting service under Rule 4 of the Federal Rules of Civil Procedure that
expires. However, in order to prevent any further delay with service in this matter, the clerk is
DIRECTED to issue the summons attached to plaintiff's motion at docket entry nineteen.
Plaintiff's time for effecting service is extended to and including July 8, 2015. Plaintiff shall
effect service and file proof of the same within that time or this case will be dismissed.
Plaintiff's motion to re-issue summons [DE 24] is granted.
Plaintiff's motion to appoint co-counsel [DE 25] is denied. Though plaintiff states that
her health and living conditions place a hardship on her in prosecuting this case, she has
successfully filed numerous motions in this matter and continues to file in another case before

this Court. See Melvin v. Soc. Sec. Admin., 5: 14-CV -170-F. Plaintiff has failed to demonstrate
the extraordinary circumstances necessary for appointment of counsel. Cook v. Bounds, 518
F.2d 779,780 (4th Cir. 1975).

SO ORDERED, this

tl}_ day of June, 2015.

UNITED STATES DISTRICT JU GE

2