Williams v. LNU et al

Filing 18

ORDER that the Clerk of Court will send a copy of this Order and Docket Nos. 1 Complaint and 17 Sealed Document, to the U.S. Marshals Service. U.S. Marshal shall use reasonable efforts to locate and obtain service on De ft Aaron in accordance with Rule 4. The Clerk is also respectfully instructed to update the docket in this matter to reflect the full name of Deft Aaron LNU as David Aaron. Signed by Chief Judge Martin Reidinger on 6/03/2021. (Pro se litigant served by US Mail.) (ejb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:21-cv-00090-MR
ROBERT WILLIAMS,

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Plaintiff,
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vs.
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AARON LNU, et al.,
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Defendants.
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________________________________ )

ORDER

THIS MATTER is before the Court on its own motion.
On May 28, 2021, the North Carolina Department of Public Safety
(NCDPS) filed a document under seal indicating it was unable to procure a
waiver of service for Defendant “Aaron LNU” for the reasons stated in that
document.1

[Doc. 17].

The sealed document provides the last known

address for Defendant Aaron. [See id.].
Generally, a plaintiff is responsible for effectuating service on each
named Defendant within the time frame set forth in Fed. R. Civ. P. 4(m), and
failure to do so renders the action subject to dismissal. However, if an
incarcerated plaintiff proceeding in forma pauperis provides the Marshals

This Defendant’s true full name is David Aaron. The Court will instruct the Clerk to
update the docket accordingly.
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Service sufficient information to identify and serve the defendant, the
Marshals Service’s failure to complete service will constitute good cause
under Rule 4(m) if the defendant could have been located with reasonable
effort. See Graham v. Satkoski, 51 F.3d 710, 713 (7th Cir. 1995); Greene v.
Holloway, No. 99-7380, 2000 WL 296314, at *1 (4th Cir. Mar. 22, 2000)
(where the district court dismissed a defendant in a Section 1983 action
based on the prisoner’s failure to provide an address for service on a
defendant who no longer worked at the sheriff’s office, remanding so the
district court could “evaluate whether the marshals could have served
[Defendant] with reasonable effort”).
Here, despite that requests for waivers of service were submitted to
the NCDPS, no waiver from Defendant Aaron was obtained. As such, it does
not appear that this Defendant actually ever received service of process.
With the additional information supplied for service on Defendant Aaron, the
U.S. Marshal is hereby ordered to use reasonable efforts to locate and obtain
service on this Defendant in accordance with Rule 4.
To that end, the Court will direct the Clerk of Court to provide a copy of
Docket No. 17 to the U.S. Marshal for its eyes only for the sole purpose of
serving Defendant Aaron.

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ORDER
IT IS, THEREFORE, ORDERED that the Clerk of Court will send a
copy of this Order and Docket Nos. 1 and 17 to the U.S. Marshals Service.
The U.S. Marshal shall use reasonable efforts to locate and obtain
service on Defendant Aaron in accordance with Rule 4.
The Clerk is also respectfully instructed to update the docket in this
matter to reflect the full name of Defendant Aaron LNU as David Aaron.
IT IS SO ORDERED.
Signed: June 3, 2021

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