McClary v. Hopkins

Filing 55

ORDER The Clerk of Court shall commence the procedure for waiver of service as set forth in Local Rule 4.3 for Defendants Hopkins, Mitchell, and Searles, who are current or former employees of NC DPS.. Signed by Chief Judge Frank D. Whitney on 4/10/18. (Pro se litigant served by US Mail.)(clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-88-FDW
RONALD McCLARY,

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Plaintiff,
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vs.
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BELQUIS HOPKINS, 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 Ronald McClary filed this action pursuant to 42 U.S.C § 1983. (Doc. No.
1). The Amended Complaint, (Doc. No. 39), passed initial review on claims against Defendants
Hopkins, Mitchell, and Searles. See (Doc. No. 47). Plaintiff prepared summonses and the U.S.
Marshals’ Service attempted service, however, the summonses were returned unexecuted. (Doc.
No. 54).
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 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
in Local Rule 4.3 for Defendants Hopkins, Mitchell, and Searles, who are current
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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: April 10, 2018

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