Thomas v. Triplett et al

Filing 34

ORDER directing USMS to use all reasonable efforts to locate and obtain service on Defendants FNU Chapman & FNU Russell. Signed by Chief Judge Frank D. Whitney on 6/20/16. (Pro se litigant served by US Mail.)(clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15-cv-400-FDW
WILLIAM THOMAS,

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

ORDER

THIS MATTER is before the Court on periodic status review, and following the return of
summonses as unexecuted as to Defendants FNU Chapman and FNU Russell, (Doc. Nos. 20; 21),
both alleged to be former employees of the North Carolina Department of Public Safety, working
at Lanesboro Correction Institution at all relevant times.
Generally, a plaintiff is responsible for effectuating service on each named Defendant
within the time frame set forth in Fed. R. Civ. P. 4(m), and failure to do so renders the action
subject to dismissal. However, if an incarcerated plaintiff proceeding in forma pauperis provides
the Marshals Service sufficient information to identify the defendant, the Marshals Service’s
failure to complete service will constitute good cause under Rule 4(m) if the defendant could have
been located with reasonable effort. See Graham v. Satkoski, 51 F.3d 710, 713 (7th Cir. 1995).
Before a case may be dismissed based on failure to effectuate service, the Court must first ensure
that the U.S. Marshal has used reasonable efforts to locate and obtain service on the named
defendants. See Greene v. Holloway, No. 99-7380, 2000 WL 296314, at *1 (4th Cir. Mar. 22,
2000) (where the district court dismissed a defendant in a Section 1983 action based on the
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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”). Therefore, this Court will instruct the U.S. Marshal
to use reasonable efforts to locate and obtain service on Defendants FNU Chapman and FNU
Russell. Since Plaintiff provided only these Defendants’ last names, this could be attempted by
first contacting NCDPS to determining whether there are any persons with those last names who
were or are employed at Lanesboro.
IT IS, THEREFORE, ORDERED that:
1.

The U.S. Marshal shall use all reasonable efforts to locate and obtain service on
Defendants FNU Chapman and FNU Russell. If the U.S. Marshal is unable to
locate and obtain service on these Defendants, the U.S. Marshal shall inform the
Court of the efforts made in attempting to locate these Defendants.

2.

The Clerk is respectfully instructed to mail a copy of this Order to the U.S. Marshal.

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