Doctor v. NC Department of Public Safety et al

Filing 43

ORDER directing United States Marshal to serve Defendant Harris with Summons and Amended Complaint. Signed by Chief Judge Frank D. Whitney on 6/12/2018. (Pro se litigant served by US Mail.)(jaw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15-cv-452-FDW
OBADIAH DOCTOR,

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

ORDER

THIS MATTER is before the Court on the North Carolina Department of Public Safety’s
(“NC PDS”) Sealed Notice, (Doc. No. 41), informing the Court that it has been unable to procure
a waiver of service of process for Defendant “FNU Harris,” actually Cheronne M. Harris, in
accordance with the Court’s April 9, 2018, Order, (Doc. No. 36). NC DPS has provided the last
known address for Defendant Harris under seal. (Doc. No. 41).
The Clerk of Court is directed to notify the United States Marshal that Defendant Harris
needs to be served with the summons and Amended Complaint in accordance with Rule 4 the
Federal Rules of Civil Procedure. If Defendant Harris cannot be served at the address provided by
the NC DPS, the U.S. Marshal shall be responsible for locating her home address so that she may
be served. See 28 U.S.C. § 1915(d) (in actions brought in forma pauperis under § 1915(d), “[t]he
officers of the court shall issue and serve all process, and perform all duties in such cases”); 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. The court must
so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 . . . .”).
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If the U.S. Marshal is unable to obtain personal service on Defendant Harris, the U.S. Marshal
shall inform the Court of the reasonable attempts to obtain service. The U.S. Marshal shall not
disclose Defendant’s home address to the pro se incarcerated Plaintiff and shall file any document
containing such address under seal.
IT IS THEREFORE ORDERED that:
(1)

The U.S. Marshal shall use all reasonable efforts to locate and obtain personal
service on Defendant Cheronne M. Harris at Defendant’s home addresses. If the
U.S. Marshal is unable to obtain personal service on Defendant Harris, the U.S.
Marshal shall inform the Court of the reasonable attempts to obtain service.

(2)

The Clerk is respectfully instructed to mail a copy of the Amended Complaint,
(Doc. No. 15), the Sealed Notice containing Defendant’s last known address, (Doc.
No. 41), and this Order to the U.S. Marshal.
Signed: June 12, 2018

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