Coe v. United States of America et al

Filing 21

AMENDED ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL, DIRECTING THE ISSUANCE OF THIRD PARTY SUBPOENA, AND DISMISSING CLAIMS AGAINST DEFENDANTS WILLIAMS AND BAIL. Signed by Chief Judge S. Thomas Anderson on 5/14/19. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
ANTRAUN COE,
Plaintiff,
VS.
UNITED STATES OF AMERICA, et al.,
Defendants.

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No. 16-3006-STA-cgc

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AMENDED ORDER GRANTING PLAINTIFF’S “MOTION TO COMPEL,”
DIRECTING THE ISSUANCE OF THIRD PARTY SUBPOENA,
AND DISMISSING CLAIMS AGAINST DEFENDANTS WILLIAMS AND BAIL

Plaintiff Antraun Coe filed a pro se complaint for the alleged violation of his civil rights.
Plaintiff filed an amended complaint (ECF No. 13) under Bivens v. Six Unknown Fed. Narcotics
Agents, 403 U.S. 388 (1974), and, after reviewing it, the Court found that service of process
should issue for the following defendants: Director of Prisons Charles E. Samuels, Jr., Director
of Prisons Mark S. Inch, Warden Ms. FNU Stevens, Warden Ms. FNU Owens, Warden Myron
L. Batts, Food Service Administrator S. Crockett, Assistant Food Service Administrator FNU
Brooks, and the following Food Service Supervisors: FNU Bail, FNU Rice, FNU Williams, FNU
Dixon, FNU Robinson, FNU Barrett, FNU Nicholson, FNU Morris, FNU Slocum, Ms. FNU
Gibbons, Ms. FNU Claxton, and Ms. FNU Brooks. (ECF No. 14.)
On February 15, 2019, the following summonses were returned as unexecuted: Director
of Prisons Charles E. Samuels, Director of Prisons Mark S. Inch, Warden Ms. FNU Stevens,
Warden Myron L. Batts, FNU Bail, Food Service Administrator S. Crockett, FNU Nicholson,
FNU Morris, and FNU Williams. (ECF No. 17.) On April 17, 2019, the Court entered an order

requiring Plaintiff to provide information to the Court to more specifically identify the unserved
defendants. On May 7, 2019, Plaintiff filed a “motion to compel to compel discovery for
additional information for service of process.” The Court will GRANT the motion.
The Court hereby DIRECTS the Clerk of the Court to prepare a third-party subpoena to
obtain the last known home address and telephone number of the following Defendants:
Director of Prisons Charles E. Samuels, Director of Prisons Mark S. Inch (retired), Warden Ms.
Delores Stevens (retired), Warden Myron L. Batts (retired), Food Service Administrator
Solomon Crockett, FNU Nicholson (retired), and Shawn Morris, all of whom were employed at
the Federal Correctional Institution, Memphis, Tennessee, from approximately April 25, 2016,
through October 16, 2016, and to deliver said subpoena to the United States Marshal Service for
service. The third party subpoena shall direct Hugh Hurwitz, Acting Director, Federal Bureau of
Prisons, 320 First St., NW, Washington, DC 20534 to supply the last known home address and
telephone number of the individuals listed above within sixty (60) days of the receipt of the third
party subpoena. Due to security and privacy concerns, information provided in compliance with
the subpoena shall not be made available to Plaintiff but shall be filed by the Clerk ex parte and
under seal. A summons shall then be re-issued and provided to the Marshal for service.
The return of service on Defendants Bail and Williams (ECF No. 17) noted that there was
insufficient information to serve them with process, and Plaintiff has provided no additional
identifying information in his motion to compel. Accordingly, Defendants Bail and Williams are
hereby DISMISSED from the action.

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The Clerk of the Court is DIRECTED to mail a copy of this order to the United States
Attorney for this district at the Memphis address for the United States Attorney’s Office.
IT IS SO ORDERED.
s/ S. Thomas Anderson
S. THOMAS ANDERSON
CHIEF UNITED STATES DISTRICT JUDGE
Date: May 14, 2019

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