Dimmick v. Harms et al
Filing
44
MEMORANDUM DECISION and ORDER: It is hereby ordered that: If the State is unable to accept service of process for the defendants identified above, the state shall disclose to the USMS any information in its records that may help in identifying, locating and completing service of process upon the named defendants. See order for details. Signed by Judge Robert J. Shelby on 05/25/2016. (kpf)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
DUSTIN J. DIMMICK,
Plaintiff,
MEMORANDUM DECISION & ORDER
v.
KRISTIE BOURDON et al.,
Defendants.
Case No. 2:13-CV-794 RJS
District Judge Robert J. Shelby
The Court has directed the United States Marshals Service to serve process in this case.
See Fed. R. Civ. P. 4(c)(2). To do so, by statute, the United States Marshal "shall command all
necessary assistance to execute its duties." See 28 U.S.C.S. § 556(c) (2016).
The Amended Complaint identifies the following State of Utah employees as defendants:
Kristie Bourdon, parole officer
Eric Peterson, Attorney General’s Office
Clark Harms, Utah Board of Pardons (BOP) member
Angela Micklos, BOP member
Curtis Garner, BOP chairman
Jesse Gallegos, BOP member
Robert Yeates, BOP member
Manny Garcia, BOP attorney.
Service of process on current government employees may be effected via authorized
agent. If any of the named defendants are no longer employed by the State or the State is not
authorized to accept service for any of these individuals, more information must be obtained
from the State to complete service.
Accordingly, IT IS HEREBY ORDERED that: If the State is unable to accept service
of process for the defendants identified above, the State shall disclose to the United States
Marshals Service any information in its records that may help in identifying, locating and
completing service of process upon the named defendants. Such information shall include, but is
not limited to, the defendants' full names and any known aliases, dates of birth, Social Security
numbers, driver's license numbers, all previous addresses, and last known addresses on file. The
U.S. Marshal shall take all necessary measures to safeguard any personal information provided
by the State to ensure that it is not disclosed to anyone other than the U.S. Marshals Service or
Court officers.
IT IS SO ORDERED.
DATED this 25th day of May, 2016.
BY THE COURT:
JUDGE ROBERT J. SHELBY
United States District Court
2
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