Bullard v. Snipes et al

Filing 22

ORDER The Clerk of Court shall commence the procedure for waiver of service as set forth in Local Rule 4.3 for Defendants Snipes, Pressley, and Kapull, who are current or former employees of NC DPS. Signed by Chief Judge Frank D. Whitney on 6/14/2018. (Pro se litigant served by US Mail.)(eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-61-FDW
WILLIAM D. BULLARD,

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

ORDER

THIS MATTER is before the Court on periodic status review.
Pro se Plaintiff filed this action pursuant to 42 U.S.C § 1983, and the Complaint, (Doc.
No. 1), passed initial review on claims against the following Defendants who were all employees
at the Lanesboro Correctional Institution: Correctional Officers FNU Snipes and Heh, Sergeant
FNU Pressley, and Nurse FNU Kapull. (Doc. No. 13). Plaintiff prepared summonses and the U.S.
Marshals’ Service attempted service on December 15, 2017. (Doc. No. 14). However, only the
summons as to Defendant Heh has been returned executed. (Doc. No. 17).
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
has apparently experienced 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 the unserved
Defendants who are current or former employees of NC DPS.
IT IS THEREFORE ORDERED that:
1.

The Clerk of Court shall commence the procedure for waiver of service as set forth
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in Local Rule 4.3 for Defendants Snipes, Pressley, and Kapull, who are current
or former employees of NC DPS.
2.

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

Signed: June 14, 2018

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