Wilson v. Simmons et al

Filing 16

ORDER that The U.S. Marshal shall use all reasonable efforts to locate and obtain service on Defendant Hinson at his home address. If the U.S. Marshal is unable to obtain service on Defendant Hinson, the U.S. Marshal shall inform the Court of the reasonable attempts to obtain service.Signed by Chief Judge Frank D. Whitney on 10/16/2018. (Pro se litigant served by US Mail.)(brl)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:18-cv-198-FDW
JAMES A. WILSON,

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Plaintiff,
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vs.
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BRETT SIMMONS, 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 DPS”) sealed Notice, (Doc. No. 14), informing the Court that it has been unable to procure
a waiver of service of process for Defendant Kearry Wayne Hinson.
NC DPS has provided the name and last known address for Defendant Hinson. The Clerk
of Court is directed to notify the United States Marshal that Defendant Hinson needs to be served
with the summons and Complaint in accordance with Rule 4 the Federal Rules of Civil Procedure.
If Defendant Hinson cannot be served at the address provided by the NC DPS, the U.S. Marshal
shall be responsible for locating his home address so that he 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 Defendant Hinson, the U.S. Marshal shall inform the Court of the reasonable
attempts to obtain service. The U.S. Marshal shall not disclose Defendant’s home addresses to the
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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
Defendant Hinson at his home address. If the U.S. Marshal is unable to obtain
service on Defendant Hinson, 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 Defendant’s last known addresses, (Doc. No. 14), and
this Order to the U.S. Marshal.
Signed: October 16, 2018

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