Johnson v. City Police of Columbia Dept, The et al

Filing 18

ORDER: The court gives notice under Fed. R. Civ. P. 4(m), that it will recommend this action be dismissed without prejudice for non-service and for failure to prosecute if Plaintiff does not show good cause for the failure of service by November 7, 2012. If Plaintiff wishes to continue this case, he is further directed to send updated service documents for defendant Chatara to the Clerk of Court by November 7, 2012. Signed by Magistrate Judge Shiva V Hodges on 10/24/2012. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Earnest M. Johnson,
Plaintiff,
vs.
Officer KC Chatara,
Defendant.

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C/A No.: 3:11-2594-CMC-SVH

ORDER

Plaintiff, proceeding pro se and in forma pauperis, brought this action on
September 26, 2011 pursuant to 42 U.S.C. § 1983, alleging violations of his
constitutional rights with regard to his arrest.

On October 12, 2011, United States

Magistrate Judge Joseph R. McCrorey issued an Report and Recommendation (“R&R)
recommending former defendants City of Columbia Police Department and Sgt. Douglas
A. Shuler be summarily dismissed from this case. [Entry #7]. The R&R was adopted by
the Honorable Cameron McGowan Currie on November 7, 2011. Simultaneous to issuing
the R&R, Judge McCrorey issued an order authorizing service of process on defendant
Officer KC Chatara. On December 14, 2011, the service documents for defendant
Chatara were returned unexecuted with a note in the “Remarks” section indicating that
“CPO stated that the defendant has moved to California.” [Entry #13]. There has been no
further activity by Plaintiff in this case.
Here, although the United States Marshal Service (“USMS”) was responsible for
effecting service to the extent possible, they are only to attempt service at the address
provided by Plaintiff. Plaintiff was specifically 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 improperly identified defendant, and unserved
defendants may be dismissed as parties to this case.” [Entry #6]. Plaintiff provided
information insufficient for the USMS to identify and effect proper service.
The court gives notice under Fed. R. Civ. P. 4(m), that it will recommend this
action be dismissed without prejudice for non-service and for failure to prosecute if
Plaintiff does not show good cause for the failure of service by November 7, 2012. If
Plaintiff wishes to continue this case, he is further directed to send to the Clerk of Court
by November 7, 2012 updated service documents for the USMS to serve defendant
Chatara at his address. The Clerk is instructed to include with this order a blank USM285 form for Plaintiff’s use.
IT IS SO ORDERED.

October 24, 2012
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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