Brown v. Phillips et al

Filing 60

ORDER that The U.S. Marshal shall use all reasonable efforts to locate and obtain service on Defendants Baker and Phillips at Defendants home addresses. If the U.S. Marshal is unable to obtain service on Defendants Baker and Phillips, the U.S. Marshal shall inform the Court of the reasonable attempts to obtain service. Signed by Chief Judge Frank D. Whitney on 9/5/2018. (Pro se litigant served by US Mail.)(eef)

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 the North Carolina Department of Public Safety’s
(“NC PDS”) Sealed Notice, (Doc. No. 57), informing the Court that it has been unable to procure
a waiver of service of process for Defendants Johnathon Baker and Alejandro Phillips in
accordance with the Court’s May 7, 2018, Order, (Doc. No. 46). NC DPS has provided the last
known addresses for Defendants Baker and Phillips under seal. (Doc. No. 57).
The Clerk of Court is directed to notify the United States Marshal that Defendants Baker
and Phillips need to be served with the summons and Complaint in accordance with Rule 4 the
Federal Rules of Civil Procedure. If Defendants Baker and Phillips cannot be served at the
addresses provided by the NC DPS, the U.S. Marshal shall be responsible for locating their home
addresses so that they 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….”). If the U.S. Marshal is unable to obtain service on
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Defendants Baker and Phillips, the U.S. Marshal shall inform the Court of the reasonable attempts
to obtain service. The U.S. Marshal shall not disclose Defendants’ home addresses to the pro se
incarcerated Plaintiff and shall file any document containing such addresses under seal.
IT IS THEREFORE ORDERED that:
(1)

The U.S. Marshal shall use all reasonable efforts to locate and obtain service on
Defendants Baker and Phillips at Defendants’ home addresses. If the U.S. Marshal
is unable to obtain service on Defendants Baker and Phillips, 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 Complaint, (Doc. No. 2),
the Sealed Notice containing Defendants’ last known addresses, (Doc. No. 57), and
this Order to the U.S. Marshal.

Signed: September 5, 2018

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