Pendergrass v. NC Department of Public Safety et al

Filing 50

ORDER granting 49 Motion for Judicial Order. Signed by District Judge Robert J. Conrad, Jr on 11/24/2014. (Pro se litigant served by US Mail.)(eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:13-cv-129-RJC
GUY T. PENDERGRASS,

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Plaintiff,
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vs.
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NORTH CAROLINA DEPARTMENT )
OF PUBLIC SAFETY, et al.,
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Defendants.
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___________________________________ )

ORDER

THIS MATTER is before the Court on Plaintiff’s Motion for Judicial Order, (Doc. No.
49). Plaintiff seeks an order from this Court instructing the U.S. Marshal to use reasonable
efforts to locate and obtain service on Defendants Cross, Medlin, Rizaldi, and Walrath.1 The
Court will grant the motion. See Greene v. Holloway, 210 F.3d 361 (4th Cir. 2000) (where the
district court dismissed a defendant in a Section 1983 action based on the prisoner’s failure to
provide an address for service on a defendant who no longer worked at the sheriff’s office,
remanding so the district court could “evaluate whether the marshals could have served
[Defendant] with reasonable effort”).
IT IS, THEREFORE, ORDERED that:
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Plaintiff’s Pro Se Motion for Judicial Order, (Doc. No. 49), is GRANTED. The
U.S. Marshal shall use all reasonable efforts to locate and obtain service on
Defendants Cross, Medlin, Rizaldi, and Walrath. If the U.S. Marshal is unable to

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On September 26, 2014, the U.S. Marshal returned unexecuted summonses as to these
Defendants.
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locate and obtain service on these Defendants, the U.S. Marshal shall inform the
Court of the efforts made in attempting to locate Defendants Cross, Medlin,
Rizaldi, and Walrath.

Signed: November 24, 2014

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