Miles v. Shelby County Jail et al

Filing 19

ORDER TO ISSUE THIRD PARTY SUBPOENA. Signed by Judge James D. Todd on 9/23/2020. (mbm)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
BENJAMIN F. MILES, IV,
Plaintiff,
VS.
SHELBY COUNTY CRIMINAL
JUSTICE CENTER, ET AL.,
Defendants.

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No. 19-2241-JDT-cgc

ORDER TO ISSUE THIRD PARTY SUBPOENA

The pro se prisoner Plaintiff, Benjamin F. Miles, IV, filed a complaint pursuant to
42 U.S.C. § 1983. (ECF No. 1.) The Court subsequently dismissed portions of the
complaint and directed that process be issued for the remaining Defendants, including
Taliha Barker, who was identified in the complaint as a Corrections Officer at the Shelby
County Criminal Justice Center (SCCJC) in Memphis, Tennessee. (ECF No. 6.) However,
the U.S. Marshal returned the summons for Barker unexecuted. (ECF No. 11.) The
Marshal noted on the return that Barker is no longer employed at the SCCJC. (Id. at PageID
51, 53.)
Because Miles is incarcerated, he cannot reasonably be expected to take further
steps to locate the current address of Defendant Barker. Therefore, it is the Court’s
responsibility to ensure that process is served, if possible. See Byrd v. Stone, 94 F.3d 217,

219 (6th Cir. 1996). Accordingly, the Clerk is DIRECTED to issue a third-party subpoena
for the Shelby County Sheriff’s Office and deliver it to the U.S. Marshal for service, along
with a copy of this order. The subpoena shall direct the Shelby County Sheriff’s Office,
201 Poplar Avenue, 9th Floor, Memphis, Tennessee 38103, to provide to the Court either
the current place of employment or the last known home address and telephone number of
Defendant Taliha Barker, who was formerly employed as a Corrections Officer at the
SCCJC. The information shall be provided to the Court within thirty (30) days after service
of the subpoena.
Any information regarding Defendant Barker’s home address and telephone number
provided in compliance with this subpoena shall not be made available to Plaintiff Miles,
but shall be filed by the Clerk ex parte and under seal. If sufficient information is provided
regarding Defendant Barker’s whereabouts, the Clerk shall re-issue process and deliver it
to the Marshal for service.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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