Wiggins v. Wallace et al

Filing 79

ORDER directing defense counsel to advise by February 26, 2019, via a brief filing on the docket, whether she or other counsel is authorized to accept service on behalf of Brandon Rowell, or otherwise provide the last known address where he may be served. (Specific Document due by 2/26/2019.) Signed by Magistrate Judge Shiva V. Hodges on 2/12/2019. (lbak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Derell Dewitt Wiggins,
Plaintiff,
vs.
Brian Wallace; Mark Richardson;
Richard Neil; Briana Murphy;
Bryan Alexander; Oscar Almazon;
Richard McCullough; and Brandon
Rowell,
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 Brandon Rowell used excessive force against him
in violation of Plaintiff’s constitutional rights. [ECF No. 67]. By order dated
December 14, 2018, service of process of the amended complaint was
authorized. [ECF No. 66]. On February 1, 2019, the summons for Brandon
Rowell was returned unexecuted. [ECF No. 77]. In the “Remarks” section of
the USM-285, the Marshals Service indicated “No longer employed at
Marion.” 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. Unserved defendants may be dismissed as parties to

this case if not served within the time limit governed by Rule 4(m) and this
order.” [ECF No. 66 at 3]. While Plaintiff may be entitled to discovery to
determine Rowell’s last known address, such discovery may pose a security
risk. Therefore, the court directs defense counsel to advise by February 26,
2019, via a brief filing on the docket, whether she or other counsel is
authorized to accept service on behalf of Brandon Rowell, or otherwise
provide the last known address where he may be served.
IT IS SO ORDERED.

February 12, 2019
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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