Ellsworth Harrell v. Utah Department of Correction and Pardons & Paroles et al

Filing 12

MEMORANDUM DECISION and ORDER: It is hereby ordered that: If UDOC is unable to accept service of process for the defendant identified above, UDOC shall disclose to the USMS any information in its records that may help in identifying, locating and completing service of process upon the named defendant. See order for details. Signed by Judge David Nuffer on 5/2/2016. (kpf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
ELLSWORTH HARRELL,
Plaintiff,

MEMORANDUM DECISION & ORDER

v.
TERRIE LOCKNER et al.,
Defendants.

Case No. 2:14-CV-546 DN
District Judge David Nuffer

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 Complaint identifies the following Utah Department of Corrections (UDOC)
employee as a defendant: Terrie Lockner.
Service of process on current government employees may be effected via authorized
agent. If the named defendant is no longer employed by UDOC or UDOC is not authorized to
accept service for this individual, more information must be obtained from UDOC to complete
service.
Accordingly, IT IS HEREBY ORDERED that: If UDOC is unable to accept service of
process for the defendant identified above, UDOC 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 defendant. Such information shall include, but is not limited
to, the defendant’s full name 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
UDOC 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 2nd day of May, 2016.
BY THE COURT:

CHIEF JUDGE DAVID NUFFER
United States District Court

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