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)

Download PDF
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 : : : : : : : : : : : 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?