Howard v. Donahue et al

Filing 24

ORDER TO RE-ISSUE AND SERVE PROCESS ON DEFENDANT BREITLING. Signed by Judge James D. Todd on 2/5/15. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
CHRISTOPHER HOWARD,
Plaintiff,
VS.
MICHAEL DONAHUE, ET AL.,
Defendants.

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No. 14-1076-JDT-egb

ORDER TO RE-ISSUE AND SERVE PROCESS ON DEFENDANT BREITLING

Plaintiff Christopher Howard, who is incarcerated at the Hardeman County
Correctional Facility (“HCCF”) in Whiteville, Tennessee, filed a pro se complaint pursuant
to 42 U.S.C. § 1983 on April 3, 2014. (ECF No. 1.) On April 25, 2014, the Court granted
leave to proceed in forma pauperis and assessed the civil filing fee pursuant to 28 U.S.C.
§ 1915(a)-(b). (ECF No. 12.) The Court subsequently issued an order that, inter alia,
dismissed portions of the complaint and directed that process be issued and served on the
remaining Defendant, Dr. Melissa Breitling. (ECF No. 18.)
Two attempts to serve Defendant Breitling have proved unsuccessful. (ECF Nos. 20
& 23.) However, in an unrelated case in which Breitling is also sued, Akins v. Corrections
Corporation of America, et al., No. 14-1040-JDT-egb (W.D. Tenn. filed Feb. 19, 2014), a
home address has now been provided for this Defendant. (No. 14-1040, ECF No. 34.)

The Clerk is directed to re-issue process for Defendant Breitling using the home
address provided in case number 14-1040 and deliver it to the U.S. Marshal for service.
Service shall be made on Defendant Breitling pursuant to Federal Rule of Civil Procedure
4(e) and Tennessee Rules of Civil Procedure 4.04(1) and (10), either by mail or personally
if mail service is not effective. All costs of service shall be advanced by the United States.
In addition to the summons and complaint, service shall include a copy of the order of partial
dismissal (ECF No. 18) and a copy of this order.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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