Patterson v. North Carolina, State of et al

Filing 10

ORDER directing Clerk to notify USM that defendant Thompson needs to be served with the Summons and Complaint in accordance with FRCvP4, or notify Clerk why dft Thompson cannot be served. If dft Thompson is no longer employed with Mooresville Police Dept, the USM shall be responsible for locating dft's home address so that he may be served. Signed by District Judge Robert J. Conrad, Jr on 7/9/2013. (Pro se litigant served by US Mail.)(cbb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:12-cv-182-RJC
DARON ALLEN PATTERSON,

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Plaintiff,
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vs.
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NORTH CAROLINA, STATE OF, et al.,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the Court upon receipt of a letter from Plaintiff Daron
Patterson inquiring about service of process on Defendant Thomas Thompson, who is alleged in
the Complaint to be a “Captain” with the Mooresville Police Department in Mooresville, North
Carolina. Plaintiff states in the letter that he provided a summons form to the U.S. Marshal for
service of process on Defendant Thompson, but that he has received no notification that
Defendant has been served, nor is there any indication in the docket that Defendant Thompson
has been served. (Doc. No. 8).
The Clerk of Court is directed to notify the United States Marshal that Defendant
Thompson needs to be served with the summons and Complaint, in accordance with FED. R. CIV.
P. 4, or notify the Clerk as to why Defendant Thompson cannot be served. If Defendant
Thompson is no longer employed with the Mooresville Police Department, the U.S. Marshal
shall be responsible for locating Defendant’s home address so that he may be served. See
Graham v. Satkoski, 51 F.3d 710, 713 (7th Cir. 1995) (“[O]nce the former prison employee is
properly identified, the Marshals Service should be able to ascertain the individual’s current
address and, on the basis of that information, complete service.”); see also 28 U.S.C. § 1915(d)
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(stating that 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 . . . .”).
IT IS SO ORDERED.

Signed: July 9, 2013

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