Doctor v. NC Department of Public Safety et al
ORDER That the Clerk of Court shall commence the procedure for waiver of service as set forth in Local Rule 4.3 for all unserved Defendants who are current or former employees of NC DPS.. Signed by Chief Judge Frank D. Whitney on 4/5/18. (Pro se litigant served by US Mail.)(clc)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
N.C. DEPARTMENT OF PUBLIC SAFETY,
THIS MATTER is before the Court on periodic status review.
Pro se Plaintiff Obadiah Doctor filed this action pursuant to 42 U.S.C § 1983 on August
29, 2015. (Doc. No. 1). The Amended Complaint, (Doc. No. 15), passed initial review on claims
that several employees of the Lanesboro Correctional Institution exercised excessive force against
him and were deliberately indifferent to his serious medical needs. See (Doc. No. 20). He describes
the relevant Defendants as Unit Manager/Captain Dennis Marshall, Sergeant C. Parker,
Correctional Officer/Prison Guard Melin, Correctional Officer/Prison Guard Hoyle, and
Registered Nurse Harris. (Doc. No. 15 at 1-3).
Plaintiff was instructed to prepare summonses for and submit them to the Clerk of Court
for service of process, which he did, summons forms were issued electronically on November 9,
2017, (Doc. No. 22), and they were returned unexecuted on December 27, 2017, because FedEx
delivery was refused and there is no employee by that name at the institution (Hoyle, Harris, Melin)
(Doc. Nos. 23, 26, 27), FedEx delivery was refused and the individual is no longer employed at
the institution (Parker, Marshall) (Doc. Nos. 24, 25).
On January 3, 2018, the Court ordered the U.S. Marshal to use reasonable efforts to obtain
service on the Defendants. (Doc. No. 28). Defendant Barbara Compton, named as “FNU Melin”
in the Complaint, was served and has filed a Motion to Dismiss. (Doc. No. 29, 32). However, the
remaining Defendants remain unserved.
The Court recently enacted Local Rule 4.3 that sets forth a procedure to waive service of
process for current and former employees of the North Carolina Department of Public Safety (“NC
DPS”) in actions filed by North Carolina State prisoners. Due to the difficulty the U.S. Marshal is
experiencing in attempting service of process, the Court will order the Clerk to commence the
procedure for waiver of service as set forth in Local Rule 4.3 for all unserved Defendants who are
current or former employees of NC DPS.
IT IS THEREFORE ORDERED that:
The Clerk of Court shall commence the procedure for waiver of service as set forth
in Local Rule 4.3 for all unserved Defendants who are current or former employees
of NC DPS.
The Clerk is respectfully instructed to mail a copy of this Order to the U.S. Marshal.
Signed: April 5, 2018
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