plaintiffs proceeding in forma pauperis are responsible for providing defendants’ addresses
How later courts described this case
- plaintiffs proceeding in forma pauperis are responsible for providing defendants’ addresses
Written by the judges who cited it.
The opinion
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
TRAUOVES WATSON PLAINTIFF
v. Civil No. 4:17-cv-04108
SERGEANT BYRON GRIFFIE,
Miller County Detention Center (MCDC);
CORPORAL CORNETT, MCDC;
OFFICER BROWN; and OFFICER EDWARDS DEFENDANTS
ORDER
Plaintiff Trauoves Watson filed this case pro se pursuant to 42 U.S.C. § 1983. Before the
Court is the issue of attempted service on Defendant Officer Edwards.
On December 1, 2017, this Court ordered service on Defendant Edwards at the Miller
County Sheriff’s Office in accordance with the address provided by Plaintiff in his Complaint.
(ECF No. 8). On January 30, 2018, counsel for the Miller County Defendants notified the Court
of the last known address for Defendant Edwards under seal. (ECF No. 17). On January 31, 2018,
the court attempted to serve Defendant Edwards at his last known address. (ECF No.18). The
summons issued to Defendant Edwards was returned unexecuted on February 9, 2018. (ECF No.
25). Service was attempted a third time and was once again returned unexecuted because the
summons was “unclaimed USPO returned”. (ECF No. 26).
It is Plaintiff’s responsibility to provide the Court with an address for proper service on all
Defendants. See Lee v. Armontrout, 991 F.2d 487, 489 (8th Cir. 1993) (plaintiffs proceeding in
forma pauperis are responsible for providing defendants’ addresses). Plaintiff has failed to provide
an address for service on Defendant Edwards.
Accordingly, the Clerk is DIRECTED to terminate Officer Edwards as a Defendant
in this lawsuit.
IT IS SO ORDERED this 13th day of June 2018.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE