Pinckney v. Williams

Filing 17

ORDER: Plaintiff is directed to complete, sign, and return by May 8, 2013, a Form USM-285 for Defendant. Signed by Magistrate Judge Shiva V Hodges on 4/24/2013. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Quantis Pinckney,
Plaintiff,
vs.
Tameka Williams, Nurse of Lieber
Correctional Institution,
Defendant.

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C/A No.: 1:13-388-DCN-SVH

ORDER

Plaintiff Quantis Pinckney, proceeding pro se and in forma pauperis, has alleged
Nurse Tameka Williams of Lieber Correctional Institution (“Defendant”) violated his
constitutional rights. In an order filed in this case on March 27, 2013, service of process
upon Defendant was authorized. On April 23, 2013, the service documents for Defendant
were returned unexecuted. [Entry #16]. In the “Remarks” section of the USM-285, the
Marshals Service indicated that the South Carolina Department of Corrections has no
record of Defendant and it was unable to locate Defendant with the information provided.
Id.
Plaintiff was previously warned: “Plaintiff must provide, and is responsible for,
information sufficient to identify defendants on the Forms USM-285. The United States
Marshal cannot serve an inadequately identified defendant, and un-served defendants
may be dismissed as parties to this case.” [Entry #9] (emphasis in original).
Plaintiff is therefore directed to complete, sign, and return by May 8, 2013, a Form
USM-285 for Defendant. Plaintiff must provide, and is responsible for, information

sufficient to identify Defendant on the Form USM-285. The United States Marshal
cannot serve an inadequately-identified defendant, and a case may be dismissed if the
sole defendant is not served. The clerk is directed to attach a blank form to this order for
Plaintiff’s use. If Plaintiff properly complies with this order, the undersigned will issue an
order directing service upon the clerk’s receipt of the completed Form USM-285.
Plaintiff is hereby advised that the undersigned will recommend this case be dismissed
for failure to effect service of process if Plaintiff is unable to provide information
sufficient to identify Defendant further or an address where she may be served.
IT IS SO ORDERED.

April 24, 2013
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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