McMillian v. White

Filing 13

ORDER denying 12 Motion for Entry of Default. The City of Raleigh Attorney is DIRECTED to provide, under seal, within 14 days hereof, defendant's last known address. Upon receipt of same, the Marshals Service is DIRECT ED to serve defendant at the address provided. The service deadline is EXTENDED to 90 days following the City of Raleigh Attorney's provision of defendant's last known address. The clerk is DIRECTED to serve a copy of this order on the City of Raleigh Attorney. Signed by District Judge Louise Wood Flanagan on 6/26/2018. (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:17-CV-498-FL

ANN MARIE MCMILLIAN,
Plaintiff,
v.
OFFICER H.L. WHITE, in his individual
and official capacity,
Defendant.

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ORDER

This matter is before the court on plaintiff’s motion for entry of default. (DE 12). Plaintiff’s
motion to proceed in forma pauperis was granted February 27, 2018, and the United States Marshals
Service was directed to serve defendant with summons and copy of the complaint. (DE 4). The
Marshals Service delivered summons to the Raleigh Police Department headquarters, as requested
by plaintiff. (DE 10). However, plaintiff’s motion for entry of default suggests that defendant no
longer is employed with the Raleigh Police Department. (DE 12 at 2). Accordingly, the court
cannot conclude that service has been made. See Fed. R. Civ. P. 4. Therefore, plaintiff’s motion
for entry of default, (DE 12), is DENIED without prejudice.
The City of Raleigh Attorney is DIRECTED to provide, under seal, within 14 days hereof,
defendant’s last known address. Upon receipt of same, the Marshals Service is DIRECTED to serve
defendant at the address provided. The service deadline is EXTENDED to 90 days following the
City of Raleigh Attorney’s provision of defendant’s last known address. The clerk is DIRECTED
to serve a copy of this order on the City of Raleigh Attorney.

SO ORDERED, this the 26th day of June, 2018.

_____________________________
LOUISE W. FLANAGAN
United States District Judge

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