Carawan v. Mitchell et al

Filing 32

ORDER that the U.S. Marshal shall file a response within fourteen (14) days of this order informing the Court of its reasonable efforts to locate Defendant Horne and personally serve her. Signed by Chief Judge Frank D. Whitney on 09/28/2018. (Pro se litigant served by US Mail.)(brl)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-578-FDW
WILLIAM CARAWAN, JR.,

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

ORDER

THIS MATTER is before the Court on the United States Marshals Service’s return of an
unexecuted summons as to Defendant Barbara Horne. (Doc. No. 29).
On August 28, 2018, the U.S. Marshals Service was ordered to attempt to serve Defendant
Horne in accordance with Rule 4 of the Federal Rules of Civil Procedure. It was further order, that,
if Defendant Horne cannot be served at the address provided by NC DPS, to locate her home
address so that she may be served. (Doc. No. 24). The U.S. Marshals Service was instructed that,
if it was unable to obtain personal service on her, to inform the Court of its reasonable attempts to
obtain service. (Id.).
On September 11, 2018, the summons was returned unexecuted as to Defendant Horne.
(Doc. No. 29). The “Remarks” section states: “08/24/2018 – Process rec’d/entered, mailed
certified mail … 9/10/2018 – Process returned to sender – unable to forward.” (Id.).
Within fourteen (14) days of this Order, the U.S. Marshals Service shall file a Response
informing the Court its reasonable efforts to locate Defendant Horne and personally serve her.
The U.S. Marshal shall not disclose Defendant’s home addresses to the pro se incarcerated
Plaintiff and shall file any document containing such address under seal.
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IT IS THEREFORE ORDERED that:
(1)

The U.S. Marshal shall file a Response within fourteen (14) days of this Order
informing the Court of its reasonable efforts to locate Defendant Horne and
personally serve her.

(3)

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

Signed: September 28, 2018

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