Mayweather v. Guice et al

Filing 20

ORDER U.S. Marshal shall use all reasonable efforts to locate and obtain service on Defts Guice and Solomon at Defts' home addresses, and if U.S. Marshal is unable to obtain service on Defts Guice and Solomon, U.S. Marsh al shall inform the Court of reasonable attempts to obtain service. Signed by Chief Judge Frank D. Whitney on 10/11/18. (Clerk of Court emailed copy of 11 Amended Complaint, 19 Sealed Notice containing Defts' last known addresses, and this Order to USM as instructed.) (Pro se litigant served by US Mail.) (emw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17-cv-100-FDW
ALFUTIR KAREEM I-DEEN MAYWEATHER,)
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Plaintiff,
)
)
vs.
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W. DAVID GUICE, et al.,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the Court on the North Carolina Department of Public Safety’s
(“NC DPS”) Sealed Notice, (Doc. No. 19), informing the Court that it has been unable to procure
a waiver of service of process for Defendants W. David Guice and George T. Solomon. NC DPS
has provided the last known addresses for Defendants Guice and Solomon under seal.
The Clerk of Court is directed to notify the United States Marshal that Defendants Guice
and Solomon need to be served with the summons and Amended Complaint in accordance with
Rule 4 the Federal Rules of Civil Procedure. If Defendants Guice and Solomon cannot be served
at the addresses provided by the NC DPS, the U.S. Marshal shall be responsible for locating their
home addresses so that they may be served. See 28 U.S.C. § 1915(d) (in actions brought in forma
pauperis under § 1915(d), “[t]he officers of the court shall issue and serve all process, and perform
all duties in such cases”); Fed. R. Civ. P. 4(c)(3) (“At the plaintiff’s request, the court may order
that service be made by a United States Marshal or deputy marshal or by a person specially
appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma
pauperis under 28 U.S.C. § 1915….”). If the U.S. Marshal is unable to obtain service on
Defendants Guice and Solomon, the U.S. Marshal shall inform the Court of the reasonable attempts
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to obtain service. The U.S. Marshal shall not disclose Defendants’ home addresses to the pro se
incarcerated Plaintiff and shall file any document containing such addresses under seal.
IT IS THEREFORE ORDERED that:
(1)

The U.S. Marshal shall use all reasonable efforts to locate and obtain service on
Defendants Guice and Solomon at Defendants’ home addresses. If the U.S.
Marshal is unable to obtain service on Defendants Guice and Solomon, the U.S.
Marshal shall inform the Court of the reasonable attempts to obtain service.

(2)

The Clerk is respectfully instructed to mail a copy of the Amended Complaint,
(Doc. No. 11), the Sealed Notice containing Defendants’ last known addresses,
(Doc. No. 19), and this Order to the U.S. Marshal.

Signed: October 11, 2018

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