Hargrave v. Neiburh et al

Filing 12

MEMORANDUM DECISION AND ORDER re disclosure of dft information to USMS. Signed by Judge David Nuffer on 10/25/17 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
DONALD WAYNE HARGRAVE JR.,
Plaintiff,

MEMORANDUM DECISION & ORDER

v.
MR. NEIBURH,

Case No. 2:16-CV-1063 DN
Defendant.

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) (2017).
The Complaint identifies the following Northern Utah Community Correctional Center
employee (NUCCC) as a defendant: MR. NEIBURH.
Service of process on current government employees may be effected via authorized
agent. If the defendant is no longer employed by the NUCCC or NUCCC is not authorized to accept
service for this individual, more information must be obtained from NUCCC to complete service.
Accordingly, IT IS HEREBY ORDERED that: If NUCCC is unable to accept service
of process for the defendant identified above, NUCCC 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 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 NUCCC 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 October, 2017.
BY THE COURT:

CHIEF JUDGE DAVID NUFFER
United States District Court

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