Hall v. Pruitt et al

Filing 17

ORDER granting NC Atty Gen's 14 MOTION to Deem Waiver of Service of Summons Timely Filed, and Atty Gen shall have up until 11/26/2018, to complete investigation into whether it will provide defense to Defts Bright and P uett and, if so, enter notice of appearance and file responsive pleading, (Notice of Appearance and Responsive Pleading due by 11/26/2018); USM shall use all reasonable efforts to locate and obtain service on Deft Kalinowski at his home address. Signed by Chief Judge Frank D. Whitney on 10/16/2018. (Clerk mailed copy of 9 Amended Complaint, 15 Sealed Notice, and this Order to USM as instructed, via email.) (Pro se litigant served by US Mail.) (ejb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:18-cv-44-FDW
ADAM WADE HALL,

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Plaintiff,
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vs.
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FNU PRUITT, et al.,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the Court on the North Carolina Attorney General’s Motion to
Deem Waiver of Service of Summons Timely Filed, (Doc. No. 14), and North Carolina
Department of Public Safety’s (“NC DPS”) sealed Notice, (Doc. No. 15), informing the Court that
it has been unable to procure a waiver of service of process for Defendant Robert L. Kalinowski.1
First, the Attorney General requests that the service waivers for Defendants Bright and
Puett be accepted as timely filed and that it be granted 45 days to complete its investigation into
whether it will provide a defense to Defendants and to allow an attorney to make an appearance or
file a responsive pleading on their behalf. The Attorney General explains that the failure to timely
comply with Local Rule 4.3 was due to excusable neglect. The Motion will be granted. The
Attorney General shall have until November 26, 2018 to complete an investigation into whether it
will provide a defense for Defendants Bright and Puett and, if so, to enter a notice of appearance
and file a responsive pleading.
Second, NC DPS has provided name and last known address for Defendant Kalinowski.

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“FNU Kalinowski” in the Complaint.

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The Clerk of Court is directed to notify the United States Marshal that Defendant Kalinowski needs
to be served with the summons and Amended Complaint in accordance with Rule 4 the Federal
Rules of Civil Procedure. If Defendant Kalinowski cannot be served at the address provided by
the NC DPS, the U.S. Marshal shall be responsible for locating his home address so that he 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 Defendant Kalinowski, the U.S. Marshal shall
inform the Court of the reasonable attempts to obtain service. The U.S. Marshal shall not disclose
Defendant’s 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 North Carolina Attorney General’s Motion to Deem Waiver of Service of
Summons Timely Filed, (Doc. No. 14), is GRANTED. The Attorney General shall
have up until November 26, 2018, to complete an investigation into whether it will
provide a defense to Defendants Bright and Puett and, if so, to enter a notice of
appearance and file a responsive pleading.

(2)

The U.S. Marshal shall use all reasonable efforts to locate and obtain service on
Defendant Kalinowski at his home address. If the U.S. Marshal is unable to obtain
service on Defendant Kalinowski, the U.S. Marshal shall inform the Court of the
reasonable attempts to obtain service.
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(3)

The Clerk is respectfully instructed to mail a copy of the Amended Complaint,
(Doc. No. 9), the Sealed Notice containing Defendant’s last known address, (Doc.
No. 15), and this Order to the U.S. Marshal.

Signed: October 16, 2018

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