Wiggins v. Wallace, 1:18-1448-TMC-SVH. (2019)
Court: District Court, D. South Carolina
Number: infdco20190213d75
Visitors: 11
Filed: Feb. 12, 2019
Latest Update: Feb. 12, 2019
Summary: ORDER SHIVA V. HODGES , Magistrate Judge . Plaintiff Derell Dewitt Wiggins ("Plaintiff"), proceeding pro se and in forma pauperis, has alleged Brandon Rowell used excessive force against him in violation of Plaintiff's constitutional rights. [ECF No. 67]. By order dated December 14, 2018, service of process of the amended complaint was authorized. [ECF No. 66]. On February 1, 2019, the summons for Brandon Rowell was returned unexecuted. [ECF No. 77]. In the "Remarks" section of the USM-285,
Summary: ORDER SHIVA V. HODGES , Magistrate Judge . Plaintiff Derell Dewitt Wiggins ("Plaintiff"), proceeding pro se and in forma pauperis, has alleged Brandon Rowell used excessive force against him in violation of Plaintiff's constitutional rights. [ECF No. 67]. By order dated December 14, 2018, service of process of the amended complaint was authorized. [ECF No. 66]. On February 1, 2019, the summons for Brandon Rowell was returned unexecuted. [ECF No. 77]. In the "Remarks" section of the USM-285, ..
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ORDER
SHIVA V. HODGES, Magistrate Judge.
Plaintiff Derell Dewitt Wiggins ("Plaintiff"), proceeding pro se and in forma pauperis, has alleged Brandon Rowell used excessive force against him in violation of Plaintiff's constitutional rights. [ECF No. 67]. By order dated December 14, 2018, service of process of the amended complaint was authorized. [ECF No. 66]. On February 1, 2019, the summons for Brandon Rowell was returned unexecuted. [ECF No. 77]. In the "Remarks" section of the USM-285, the Marshals Service indicated "No longer employed at Marion." Id.
Plaintiff was previously warned: "Plaintiff must provide, and is responsible for, information sufficient to identify defendants on the Forms USM-285. The United States Marshal cannot serve an inadequately identified defendant. Unserved defendants may be dismissed as parties to this case if not served within the time limit governed by Rule 4(m) and this order." [ECF No. 66 at 3]. While Plaintiff may be entitled to discovery to determine Rowell's last known address, such discovery may pose a security risk. Therefore, the court directs defense counsel to advise by February 26, 2019, via a brief filing on the docket, whether she or other counsel is authorized to accept service on behalf of Brandon Rowell, or otherwise provide the last known address where he may be served.
IT IS SO ORDERED.
Source: Leagle
