Person v. Lewis et al

Filing 20

ORDER denying as moot 19 Motion for Copies of Subpoenas. Signed by District Judge Robert J. Conrad, Jr on 03/30/2015. (Pro se litigant served by US Mail.)(jlk)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:12-cv-407-RJC
TROY N. PERSON,

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Plaintiff,
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vs.
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ROBERT C. LEWIS, et al.,
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Defendants.
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____________________________________ )

ORDER

THIS MATTER is before the Court on Plaintiff’s Motion for Copies of Subpoenas,
(Doc. No. 19). Plaintiff’s motion is in response to this Court’s order to show cause why this
action should not be dismissed for failure to prosecute because Defendants have not been served
with process. See (Doc. No. 18). Although Defendants have not been served, the docket does
reflect that Plaintiff filled out and mailed summons forms to the Court for service on Defendants
on or around March 12, 2013. See (Doc. No. 13). Although Plaintiff has paid the filing fee in
this action and he is no longer seeking to proceed in forma pauperis, the Court finds that service
by the U.S. Marshal is appropriate since Plaintiff is incarcerated. See 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.”).
IT IS, THEREFORE, ORDERED that:
(1) Plaintiff’s Motion for Copies of Subpoenas, (Doc. No. 19), is DENIED as moot.
(2) The Clerk shall deliver to the U.S. Marshal the summons forms provided by Plaintiff
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for service on the named Defendants. See (Doc. No. 13). If the U.S. Marshal cannot
find Defendants at the addresses provided by Plaintiff, the U.S. Marshal shall use all
reasonable efforts to locate and serve Defendants.
(3) Plaintiff states in his motion that his new address is:

Albemarle Correctional

Institution, P.O. Box 460, Badin, NC 28009. The Clerk shall notice the address change
on this Court’s docket report.

Signed: March 30, 2015

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