Givens v. Moore et al

Filing 37

ORDER that the U.S. Marshal shall inform the Court within 14 days of this Order of the status of its efforts to locate and serve Defendants Banham, Burch, and Zederbaum. Signed by Chief Judge Martin Reidinger on 9/9/2021. (Pro se litigant served by US Mail.)(kby)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL CASE NO. 3:20-cv-00453-MR

RAMON GIVENS,

)
)
Plaintiff,
)
)
vs.
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J.C. MOORE, et al.,
)
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Defendants.
)
________________________________ )

ORDER

THIS MATTER is before the Court on periodic review of the docket.
The Complaint passed initial review on the pro se incarcerated
Plaintiff’s claims that Defendants used excessive force and/or failed to
intervene in a use of excessive force. [Docs. 22, 25]. Summons were
electronically issued to the U.S. Marshal for service on Defendants Banham,
Burch and Zederbaum on June 15, 2021, but no returns of service for these
Defendants have been filed to date.
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.” 28 U.S.C. § 1915(d); see 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.

Case 3:20-cv-00453-MR Document 37 Filed 09/09/21 Page 1 of 2

The court must so order if the plaintiff is authorized to proceed in forma
pauperis under 28 U.S.C. § 1915….”).
The U.S. Marshal is instructed to inform the Court within 14 days of the
status of its attempts to locate and serve Defendants Banham, Burch, and
Zederbaum.
IT IS, THEREFORE, ORDERED that the U.S. Marshal shall inform the
Court within 14 days of this Order of the status of its efforts to locate and
serve Defendants Banham, Burch, and Zederbaum.
IT IS SO ORDERED.
Signed: September 9, 2021

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