Corbett v. Perry et al

Filing 33

ORDER that Plaintiff shall have fourteen (14) days from service of this Order in which to return filled-out summons forms to the Clerk for service of process on Defendants Vanscoten and Patch. Signed by Chief Judge Frank D. Whitney on 12/21/2018. (Pro se litigant served by US Mail.)(eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:18-cv-103-FDW
STANLEY CORBETT, JR.,

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Plaintiff,
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vs.
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FRANK PERRY, et al.,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the Court on a periodic status review of pro se Plaintiff’s action
filed pursuant to 42 U.S.C. § 1983. The Complaint passed initial review on claims against several
Defendants including Randy Vanscoten and Susan Patch. (Doc. No. 9). The North Carolina
Department of Public Safety has indicated that these Defendants were contract employees, and not
employees of NCPDS, and that their addresses are unavailable. (Doc. No. 14).
The Clerk of Court will be directed to mail summons forms to Plaintiff for Plaintiff to fill
out and return for service of process on Defendants Vanscoten and Patch. Once the Court receives
the summons forms, the Clerk shall then direct the U.S. Marshal to effectuate service on
Defendants. If Plaintiff fails to comply with this Order, this action will be dismissed as to
Defendants Vanscoten and Patch without prejudice and without further notice to Plaintiff.
IT IS, THEREFORE, ORDERED that:
(1)

Plaintiff shall have fourteen (14) days from service of this Order in which to
return filled-out summons forms to the Clerk for service of process on Defendants
Vanscoten and Patch.
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(2)

If Plaintiff fails to comply with this Order, this action will be dismissed as to these
Defendants without prejudice and without further notice to Plaintiff.

(3)

The Clerk of Court is directed to mail summons forms to Plaintiff for Plaintiff to
fill out and return for service of process on Defendants Vanscoten and Patch. Once
the Court receives the summons forms, the Clerk shall then direct the U.S. Marshal
to effectuate service on Defendants. The Clerk is respectfully instructed to note on
the docket when the forms have been mailed to Plaintiff.

Signed: December 21, 2018

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