Battle v. NC Dept. of Public Safety - Prisons et al

Filing 24

ORDER that: (1) U.S. Marshal shall use all reasonable efforts to locate and obtain personal service on Defts Hensley, Geouge, and Taylor at Defts' home addresses. If U.S. Marshal is unable to obtain personal service on De fts Hensley, Geouge, and Taylor, U.S. Marshal shall inform the Court of the reasonable attempts to obtain service. Clerk respectfully instructed to mail a copy of the 1 Complaint, 23 Sealed Notice containing Defts' last known addresses, and this Order to U.S. Marshal. Signed by Chief Judge Frank D. Whitney on 8/14/2018. (Pro se litigant served by US Mail.) (ejb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17-cv-174-FDW
KENNETH ANTHONY BATTLE,

)
)
Plaintiff,
)
)
vs.
)
)
NC DEPARTMENT OF PUBLIC SAFETY,
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et al.,
)
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Defendants.
)
__________________________________________)

ORDER

THIS MATTER is before the Court on the North Carolina Department of Public Safety’s
(“NC PDS”) Sealed Notice, (Doc. No. 23), informing the Court that it has been unable to procure
a waiver of service of process for Defendants FNU Hensley, Mark Randall Geouge, and Gregory
Taylor in accordance with the Court’s June 14, 2018, Order, (Doc. No. 11). NC DPS has provided
the last known addresses for Defendants Hensley, Geouge, and Taylor under seal. (Doc. No. 23).
The Clerk of Court is directed to notify the United States Marshal that Defendants Hensley,
Geouge, and Taylor need to be served with the summons and Complaint in accordance with Rule
4 the Federal Rules of Civil Procedure. If Defendants Hensley, Geouge, and Taylor 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
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pauperis under 28 U.S.C. § 1915….”). If the U.S. Marshal is unable to obtain personal service on
Defendants Hensley, Geouge, and Taylor, the U.S. Marshal shall inform the Court of the
reasonable attempts 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 personal
service on Defendants Hensley, Geouge, and Taylor at Defendants’ home
addresses. If the U.S. Marshal is unable to obtain personal service on Defendants
Hensley, Geouge, and Taylor, 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 Complaint, (Doc. No. 1),
the Sealed Notice containing Defendants’ last known addresses, (Doc. No. 23), and
this Order to the U.S. Marshal.

Signed: August 14, 2018

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