Wiggins v. Wallace et al

Filing 56

ORDER directing defense counsel to advise the court by December 17, 2018, via a brief filing on the docket, whether she or other counsel is authorized to accept service on behalf of Richard Neil or the last known address where he may be served. Signed by Magistrate Judge Shiva V. Hodges on 12/7/2018. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Derell Dewitt Wiggins,
Plaintiff,
vs.
Brian Wallace; Mark Richardson;
Richard Neil; and Briana Murphy,
Defendants.

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C/A No.: 1:18-1448-TMC-SVH

ORDER

Plaintiff Derell Dewitt Wiggins (“Plaintiff”), proceeding pro se and in forma
pauperis, has alleged Richard Neil used excessive force against him in violation of
Plaintiff’s constitutional rights. In an order filed in this case on August 22, 2018, service
of process upon Defendants was authorized. On October 3, 2018, the summons for
Richard Neil was returned unexecuted. [ECF No. 42]. In the “Remarks” section of the
USM-285, the Marshals Service indicated “Unable to locate; no longer employed by
Marion County Detention Center. Records query returned too many records to narrow
down the correct ‘Richard Neil’ without more biographical information.” 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 33] While Plaintiff may be entitled to
discovery to determine Neil’s last known address, such discovery may pose a security
risk. Therefore, the court directs defense counsel to advise by December 17, 2018, via a

brief filing on the docket, whether she or other counsel is authorized to accept service on
behalf of Richard Neil or the last known address where he may be served.
IT IS SO ORDERED.

December 7, 2018
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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