Covington v. Duncan et al
Filing
45
ORDER that the U.S. Marshal shall use all reasonable efforts to locate and obtain personal service on Defendant Kyle E. Murray at Defendant's home address. Signed by Chief Judge Frank D. Whitney on 6/12/2018. (Pro se litigant served by US Mail.)(nvc)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:16-cv-134-FDW
KARL L. COVINGTON, JR.,
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Plaintiff,
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vs.
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FNU DUNCAN, 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 PDS”) Sealed Notice informing the Court that it has been unable to procure a waiver of
service of process for Defendant Kyle E. Murray in accordance with the Court’s April 10, 2018,
Order, (Doc. No. 39). NC DPS has provided Defendant Murray’s last known address under seal.
(Id.).
The Clerk of Court is directed to notify the United States Marshal that Defendant Murray
needs to be served with the summons and Amended Complaint in accordance with Rule 4 the
Federal Rules of Civil Procedure. If Defendant Murray cannot be served at the address provided
by the NC DPS, the U.S. Marshal shall be responsible for locating Defendant Murray’s 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 personal service on Defendant
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Murray, the U.S. Marshal shall inform the Court of the reasonable attempts to obtain service. The
U.S. Marshal shall not disclose Defendant Murray’s home address to the pro se incarcerated
Plaintiff, and shall file any document containing such address under seal.
IT IS THEREFORE ORDERED that:
(1)
The U.S. Marshal shall use all reasonable efforts to locate and obtain personal
service on Defendant Kyle E. Murray at Defendant’s home address. If the U.S.
Marshal is unable to obtain personal service on Defendant Murray, 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 Amended Complaint,
(Doc. No. 12), the Sealed Notice containing Defendant Murray’s last known home
address, (Doc. No. 44), and this Order to the U.S. Marshal.
Signed: June 12, 2018
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