Cardona v. Roberts
MEMORANDUM DECISION and ORDER: If the state is unable to accept service of process the defendant identified, the State of County 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 Robert J. Shelby on 07/17/2017. (kpf)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
MEMORANDUM DECISION & ORDER
Case No. 2:16-CV-127 RJS
District Judge Robert J. Shelby
The Court has directed the United States Marshals Service (USMS) to serve process in
this case. See Fed. R. Civ. P. 4(c)(2). To do so, by statute, the USMS "shall command all
necessary assistance to execute its duties." See 28 U.S.C.S. § 556(c) (2017).
The Complaint identifies the following Utah Department of Corrections affiliate: Sidney
Service of process on current government affiliates may be effected via authorized agent.
If the defendant is no longer affiliated with the State or county or the State or county is not
authorized to accept service for this individual, more information must be obtained from the
State or county to complete service.
Accordingly, IT IS HEREBY ORDERED that: If the State or county is unable to
accept service of process for the defendant identified above, the State or county 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. Such information shall include, but is not limited
to, the defendant’s 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 USMS
shall take all necessary measures to safeguard any personal information provided by the State or
county to ensure that it is not disclosed to anyone other than the USMS or Court officers.
IT IS SO ORDERED.
DATED this 17th day of July, 2017.
BY THE COURT:
JUDGE ROBERT J. SHELBY
United States District Court
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