McPeek v. Haynes et al

Filing 11

ORDER Provisionally Granting with Costs Docs. 6 , 8 , and 10 Plaintiff's Motions for Assistance with Service. Signed by U.S. District Judge Eric C. Schulte on 1/3/2025. (Copy mailed to Mr. McPeek on today's date.) (RMM)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION

TRAVIS R. MCPEEK,

4:24-CV-04056-ECS

Plaintiff,
ORDER PROVISIONALLY GRANTING

vs.

WITH COSTS PLAINTIFF'S MOTIONS

AARON HAYNES, South Dakota Dept. of
Conections Medical Director, in his individual
and official capacity; and ELIZABETH PAUL,
Medical Provider at Mike Durfee State Prison, in
her individual and official capacity.

FOR ASSISTANCE WITH SERVICE

Defendants.

Plaintiff, Travis R. McPeek, an inmate at the Mike Durfee State Prison (MDSP), filed a

prose lawsuit under 42 U.S.C. § 1983. Doc. 1. McPeek timely paid his full civil complaint filing
fee. This Court screened McPeek's complaint under 28 U.S.C. § I915A and provided him notice
of this Court's intention to dismiss his complaint without prejudice rmder Federal Rule of Civil
Procedure 4(m)if he does not execute service on Defendants by January 19,2024. Doc. 5.

McPeek filed three motions requesting the Court to order service by the United States
Marshals Service (USMS). Docs. 6, 8, 10. Because he has paid the full filing fee and is not
proceeding in forma pauperis, McPeek is not automatically entitled to service by the USMS. See
Fed.R. Civ.P.4(c)(3). However,under Federal Rule ofCivil Procedure 4(c)(3),"At the plaintiff s
request, the court may order that service be made by a United States marshal or deputy marshal or
by a person specially appointed by the court."

While this Court is hesitant to become a process server for inmates who have the financial
resources to effect service, McPeek has alleged that he has attempted to effect service through

alternative means, including seeking waiver of service, which Defendants refused.

Doc.6 at

1; Doc.8 at 1. Thus,McPeek's motions for service by USMS,Docs.6, 8,and 10,are provisionally

granted. This Court orders that McPeek's complaint be served by the USMS, provided that
McPeek pays the cost of service in advance. Each process costs $65.00. Mileage to serve
Defendants at the address provided amounts to $4.20. Thus, McPeek must provide a cashier's
check made out to the United States Marshals Service in the amount of $134.20. McPeek's

payment must be provided to the USMS Office in Sioux Falls, South Dakota, before the USMS
will attempt to serve Defendants at the address provided.
Even though McPeek has been provisionally granted service by the USMS, he is still
responsible for ensuring that Defendants Paul and Dr. Haynes are served in accordance with
Federal Rule of Civil Procedure 4(m). Because of the pendency of McPeek's motion, the Court
sua sponte extends McPeek's deadline under Rule 4(m). Thus, McPeek is on notice ofthis Court's
intention to dismiss his claim without prejudice if he does not provide this Court with notice of

service on each defendant by Friday, March 7,2025, pursuant to Rule 4(m), unless he can show
good cause for his failure to serve the respective Defendant.
Thus, it is ORDERED:

1.

That McPeek's motions for service by USMS(Docs. 6, 8,and 10)are provisionally
granted.

2.

That McPeek must provide a cashier's check made out to the United States
Marshals Service in the amount of $134.20 to the USMS Office in Sioux Falls,
South Dakota.

3.

That upon receipt of the payment of the service fees and papers, the USMS shall

serve the completed summons,copy ofthe complaint, and copy of the attachments
on Defendants Paul and Dr. Haynes.
4.

That McPeek is on notice of this Court's intention to dismiss his claim without

prejudice if he does not provide this Court with notice ofservice on each defendant
by Friday, March 7,2025, pursuant to Rule 4(m), unless he can show good cause

for his failure to serve the respective Defendant.

DATED January 3" .2025.
URT:

ElfeTc. SCHULTE
UNITED STATES DISTRICT JUDGE