Bobbitt v. Scott et al
Filing
26
ORDER directing U.S. Marshal to serve Defendants Scott and Gaddy a copy of the Plaintiff's 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
3:16-cv-576-FDW
WILLIE T. BOBBITT,
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Plaintiff,
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vs.
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FNU SCOTT, 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. 25), informing the Court that it has been unable to procure
a waiver of service of process for Defendants “FNU Scott,” actually Vincent Scott, and “FNU
Gaddy,” actually Norvell Gaddy, in accordance with the Court’s April 9, 2018, Order, (Doc. No.
20). NC DPS has provided the last known addresses for Defendants Scott and Gaddy under seal.
(Doc. No. 25).
The Clerk of Court is directed to notify the United States Marshal that Defendants Scott
and Gaddy need to be served with the summons and Complaint in accordance with Rule 4 the
Federal Rules of Civil Procedure. If Defendants Scott and Gaddy 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
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U.S.C. § 1915….”). If the U.S. Marshal is unable to obtain personal service on Defendants Scott
and Gaddy, 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 personal
service on Defendants Scott and Gaddy at Defendants’ home addresses. If the U.S.
Marshal is unable to obtain personal service on Defendants Scott and Gaddy, 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. 1),
the Sealed Notice containing Defendants’ last known addresses, (Doc. No. 25), and
this Order to the U.S. Marshal.
Signed: June 12, 2018
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