Brown v. Phillips et al

Filing 46

ORDER that the Clerk of Court shall commence the procedure for waiver of service as set forth in Local Rule 4.3 for Defendants Phillips, Baker, Martin, and Lamburt, who are current or former employees of NC DPS. Signed by Chief Judge Frank D. Whitney on 5/7/2018. (Pro se litigant served by US Mail.)(jaw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-561-FDW
EDWARD EARL BROWN, JR.,

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Plaintiff,
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vs.
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A. PHILLIPS, 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’s Complaint, (Doc. No. 2), filed pursuant to 42 U.S.C. § 1983, passed initial
review on claims of excessive force against Correctional Officer A. Phillips, Correctional Officer
Baker, Assistant Unit Manager Rorie, Captain Martin, and Sergeant Lamburt, for their actions
while employed at the Lanesboro Correctional Institution. See (Doc. No. 23). Plaintiff prepared
summons forms and the U.S. Marshals’ Service attempted service. All of the summons forms were
returned unexecuted. (Doc. Nos. 28-32). On January 3, 2018, the Court ordered the U.S. Marshal
to use reasonable efforts to serve Defendants, and a summons was returned executed as to Angela
Rorie. (Doc. Nos. 33, 39). None of the other Defendants have been served to date.
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 completing 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.
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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 Phillips, Baker, Martin, and Lamburt, 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: May 7, 2018

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