Jones v. Hashagen et al
Filing
71
ORDER re: 5/12/11 Order 68 - It is hereby ORDERED that: 1. W/in 60 days of date of this order pltf Jones shall provide addt'l info to ID defts CO Linhert & Dr. Dempsey inc @ min each deft's 1st name & if avail each deft's address & last known place of employment.; 2. Failure to comply w/ preceding para may result in dismissal of complaint. (See order for complete details.) Signed by Honorable Christopher C. Conner on 05/20/11. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CHRISTOPHER JONES
Plaintiff
v.
CO HASHAGEN, CO LINHERT,
JOSEPH SEMON, Superintendent
MICHAEL D. KLOPOTOSKI and
DR. DEPMSEY
Defendants
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CIVIL ACTION NO. 4:09-CV-0887
(Judge Conner)
ORDER
AND NOW, this 20th day of May, 2011, upon consideration of this court’s
order dated May 12, 2011 (Doc. 68), wherein the court directed the United States
Marshal to re-attempt service on defendant C.O. Linhert, and upon further
consideration of the waivers of service returned un-executed by the U.S. Marshal
(see Docs. 69, 70), wherein the Marshal states that the Pennsylvania Department of
Corrections has no record of ever employing a “C.O. Linhert” or “Dr. Dempsey,”
and Prison Health Services has no record of every employing a “Dr. Dempsey,” and
the court finding that the U.S. Marshal made reasonable efforts to serve the
defendants but is unable to effectuate service on defendants C.O. Linhert and Dr.
Dempsey without additional information, and the court concluding that although
“[t]he officers of the court shall issue and serve all process” when a plaintiff is
proceeding in forma pauperis, 28 U.S.C. § 1915(d); see also FED . R. CIV . P. 4(c)(3),
the plaintiff must provide the Marshal with sufficient information to serve the
defendant, see Jensen v. Knowles, 621 F. Supp. 2d 921, 930 (E.D. Cal. 2008) (citing
Walker v. Sumner, 14 F.3d 1415, 1422 (9th Cir. 1994)); see also Sellers v. United
States, 902 F.2d 598, 602 (7 Cir. 1990) (stating that “[t]he Marshal needs from the
prisoner information sufficient to identify the guard”), it is hereby ORDERED that:
1.
Within sixty (60) days of the date of this order, plaintiff Christopher
Jones shall provide additional information to identify defendants C.O.
Linhert and Dr. Dempsey including, at the minimum, each defendant’s
first name, and, if available, each defendant’s address and last known
place of employment.
2.
Failure to comply with the preceding paragraph may result in
dismissal of the complaint.
S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge
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