Watson v. Corrections Corporation of America et al

Filing 60

OPINION AND ORDER by Magistrate Judge Steven P. Shreder directing Warden Tim Wilkinson to provide to the U.S. Marshals Service for the Eastern District of Oklahoma within fourteen (14) days the last known addresses for Defendant Kathy Miller and Defe ndant Dr. Mark Reiheld. Defendant Wilkinson shall notify the Court and Plaintiff of compliance with this Order. The Court Clerk shall send Plaintiff Forms USM-285 for Defendants Kathy Miller and Dr. Mark Reiheld. Plaintiff shall sign and return the forms to the Court within fourteen (14) days of receiving notice that the Marshals Service has been provided with current addresses for Miller and Reiheld. (ndd, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
BYRON WATSON,
Plaintiff,
v.
CORRECTIONS CORPORATION
OF AMERICA, et al.,
Defendants.

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No. CIV-14-454-RAW-SPS

OPINION AND ORDER
On October 8, 2015, the Court directed Plaintiff to show cause why Defendants Kathy
Miller and Dr. Mark Reiheld should not be dismissed from this action for failure to serve
Miller and Reiheld in accordance with Fed. R. Civ. P. 4(m) (Dkt. 35). Plaintiff responded
to the Court’s order and advised he attempted to serve these defendants at his facility, but
neither was employed there at the time of attempted service by the United States Marshals
Service (Dkts. 21, 22, 36). Because Plaintiff does not have access to the current addresses
for Defendants Miller and Reiheld, he has asked the Court for assistance in obtaining this
information for service by the U.S. Marshals (Dkt. 36).
The Court has reviewed the record and finds Plaintiff has shown good cause for his
failure to serve Defendants Miller and Reiheld. See Olsen v. Mapes, 333 F.3d 1199, 1204-05
(10th Cir. 2003) (“Because there is no evidence in the record that Plaintiffs failed to
cooperate with the U.S. Marshals or were otherwise not entitled to their service, we find they
were not culpable for their failure to comply with the Federal Rules of Civil Procedure or the
court’s orders.”).
ACCORDINGLY, Defendant Warden Tim Wilkinson is directed to provide to the
United States Marshals Service for the Eastern District of Oklahoma within fourteen (14)
days the last known addresses for Defendant Kathy Miller and Defendant Dr. Mark Reiheld.
Defendant Wilkinson shall notify the Court and Plaintiff of compliance with this Order.

The Court Clerk shall send Plaintiff Forms USM-285 for Defendants Kathy Miller and
Dr. Mark Reiheld. Plaintiff shall sign and return the forms to the Court within fourteen (14)
days of receiving notice that the Marshals Service has been provided with current addresses
for Miller and Reiheld.
IT IS SO ORDERED this 18th day of July 2016.

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