Opinion

Lentz v. Harris

Court
District Court, W.D. North Carolina
Filed
Feb 8, 2023
Cited by
0 cases
Authority
More cited than 24.9%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NORTH CAROLINA

STATESVILLE DIVISION

5:22-cv-00150-MR

SHELBY REID LENTZ, )

)

Plaintiff, )

)

vs. ) ORDER

)

BRANDESHAWN HARRIS, et al., )

)

Defendants. )

________________________________ )

THIS MATTER is before the Court on its own motion.

On January 30, 2023, the North Carolina Department of Public Safety

(NCDPS) filed a document under seal indicating it was unable to procure a

waiver of service for Defendant Betty Brown for the reasons stated in that

document. [Doc. 16]. The sealed document provides the last known address

for Defendant Brown. [See id.].

Generally, a plaintiff is responsible for effectuating service on each

named Defendant within the time frame set forth in Fed. R. Civ. P. 4(m), and

failure to do so renders the action subject to dismissal. However, if an

incarcerated plaintiff proceeding in forma pauperis provides the Marshals

Service sufficient information to identify the defendant, the Marshals

Service’s failure to complete service will constitute good cause under Rule

4(m) if the defendant could have been located with reasonable effort. See

Graham v. Satkoski, 51 F.3d 710, 713 (7th Cir. 1995); Greene v. Holloway,

No. 99-7380, 2000 WL 296314, at *1 (4th Cir. Mar. 22, 2000) (where the

district court dismissed a defendant in a Section 1983 action based on the

prisoner’s failure to provide an address for service on a defendant who no

longer worked at the sheriff’s office, remanding so the district court could

“evaluate whether the marshals could have served [Defendant] with

reasonable effort”).

Here, despite that a request for waiver of service was submitted to the

NCDPS, no waiver from Defendant Brown was obtained. As such, it does

not appear that this Defendant actually ever received service of process.

With the additional information supplied for service on Defendant Brown, the

U.S. Marshal is hereby ordered to use reasonable efforts to locate and obtain

service on this Defendant in accordance with Rule 4.

To that end, the Court will direct the Clerk of Court to provide a copy of

Docket No. 16 to the U.S. Marshal for its eyes only for the sole purpose of

serving Defendant Brown.

ORDER

IT IS, THEREFORE, ORDERED that the Clerk of Court issue a

redacted Summons for Defendant Betty Brown and send a copy of this

Order, the redacted Summons, the Complaint [Doc. 1], and Docket No. 16

to the U.S. Marshals Service. The U.S. Marshal shall use reasonable efforts

to locate and obtain service on Defendant Brown in accordance with Rule 4.

IT IS SO ORDERED. Signed: February 8, 2023

Martifi Reidinger ey

Chief United States District Judge ely

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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