Steele v. Robinson et al

Filing 39

ORDER directing the U. S. Marshal to attempt personal service on Defendant Renesha Robinson personally or at her dwelling house or usual place of abode re 29 MOTION for Default Judgment as to, 28 Clerk's Entry of Default, 27 MOTION for Entry of Default.. Signed by Chief Judge Frank D. Whitney on 5/11/17. (Pro se litigant served by US Mail.)(clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15-cv-252-FDW
BRANDON GERALD STEELE,

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

ORDER

THIS MATTER is before the Court upon receipt of an unexecuted summons, in which
the U.S. Marshal attempted to serve Defendant Robinson at her former place of employment,
Lanesboro Correctional Institution, in Polkton, North Carolina. (Doc. No. 38). The Court has
already determined in prior orders that Defendant is no longer employed at Lanesboro Correctional
Institution. See (Doc. No. 30). Before the Clerk of this Court may enter default against Defendant,
she must be notified of the motion for entry of default. See (Id.). The U.S. Marshal shall therefore
use reasonable efforts to locate and serve Defendant Renesha Robinson with the Clerk’s Entry of
Default against her, as well as the pending Motion for Default Judgment.1 See (Doc. No. 30).
Because it has been determined that Robinson is no longer employed with the North Carolina
Department of Public Safety, the U.S. Marshal shall attempt personal service on Plaintiff
personally or at her dwelling house or usual place of abode, in accordance with Rule 4(e) of

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Plaintiffs who are proceeding in forma pauperis must rely on the district court and the U.S.
Marshals Service to effect service of process according to 28 U.S.C. § 1915. See 28 U.S.C. §
1915(d); FED. R. CIV. P. 4(c)(3).
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the Federal Rules of Civil Procedure, which provides as follows:
Unless federal law provides otherwise, an individual – other than a minor, an
incompetent person, or a person whose waiver has been filed – may be served in a
judicial district of the United States by: (1) following state law for serving a
summons in an action brought in the courts of general jurisdiction in the
state where the district is located or where service is made; or (2) doing any of
the following: (A) delivering a copy of the summons and of the complaint to
the individual personally; (B) leaving a copy of each at the individual's
dwelling or usual place of abode with someone of suitable age and discretion
who resides there; or (C) delivering a copy of each to an agent authorized by
appointment or by law to receive service of process.
FED. R. CIV. P. 4(e). Rule 4(j)(1) of the North Carolina Rules of Civil Procedure prescribes the
manner by which service may be effectuated in North Carolina, directing that service upon a
natural person shall be as follows:
a. By delivering a copy of the summons and of the complaint to the natural
person or by leaving copies thereof at the defendant’s dwelling house or
usual place of abode with some person of suitable age and discretion then
residing therein.
b. By delivering a copy of the summons and of the complaint to an agent
authorized by appointment or by law to be served or to accept service of process
or by serving process upon such agent or the party in a manner specified by any
statute.
c. By mailing a copy of the summons and of the complaint, registered or certified
mail, return receipt requested, addressed to the party to be served, and delivering
to the addressee.
d. By depositing with a designated delivery service authorized pursuant to 26
U.S.C. § 7502(f)(2) a copy of the summons and complaint, addressed to the party
to be served, delivering to the addressee, and obtaining a delivery receipt. As used
in this sub-subdivision, “delivery receipt” includes an electronic or facsimile
receipt.
e. By mailing a copy of the summons and of the complaint by signature
confirmation as provided by the United States Postal Service, addressed to the
party to be served, and delivering to the addressee.
N.C. R. CIV. P. 4(j)(1). The U.S. Marshal is directed to respond in accordance with the Court’s
order within ten days, either by returning an executed summons after serving Robinson in
accordance with the directives in this Order, or by informing the Court of the status of its efforts
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to locate and serve Defendant Robinson and why the U.S. Marshall was unable to locate and
serve Robinson personally or at her dwelling house or usual place of abode.

IT IS SO ORDERED.

Signed: May 11, 2017

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