CARROLL v. PELMORE, 3:13-0152. (2013)
Court: District Court, M.D. Tennessee
Number: infdco20130705d80
Visitors: 19
Filed: Jul. 03, 2013
Latest Update: Jul. 03, 2013
Summary: ORDER JOE B. BROWN, Magistrate Judge. The Plaintiff has filed a motion objecting to the Magistrate Judge granting Dr. Pelmore additional time to respond to the complaint in this matter (Docket Entry 96). The Magistrate Judge, in Docket Entry 92, granted counsel who may be representing Dr. Pelmore until July 15, 2013, to advise the Court whether he was properly served or not. If Dr. Pelmore was properly served a response will be due by that date. The Plaintiff's objection to the enlargement
Summary: ORDER JOE B. BROWN, Magistrate Judge. The Plaintiff has filed a motion objecting to the Magistrate Judge granting Dr. Pelmore additional time to respond to the complaint in this matter (Docket Entry 96). The Magistrate Judge, in Docket Entry 92, granted counsel who may be representing Dr. Pelmore until July 15, 2013, to advise the Court whether he was properly served or not. If Dr. Pelmore was properly served a response will be due by that date. The Plaintiff's objection to the enlargement o..
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ORDER
JOE B. BROWN, Magistrate Judge.
The Plaintiff has filed a motion objecting to the Magistrate Judge granting Dr. Pelmore additional time to respond to the complaint in this matter (Docket Entry 96).
The Magistrate Judge, in Docket Entry 92, granted counsel who may be representing Dr. Pelmore until July 15, 2013, to advise the Court whether he was properly served or not. If Dr. Pelmore was properly served a response will be due by that date.
The Plaintiff's objection to the enlargement of time is DENIED. Cases are generally to be decided on the merits, and in this situation, despite the United States Marshals' return, the certified mail receipt does not show that it was actually signed by Dr. Pelmore, and unless the person signing the receipt for the service of process was authorized to do so, service of process will not have been actually completed despite the United States Marshals' return. If it appears that service of process by mail was not proper, the Magistrate Judge will direct the United States Marshals to serve Dr. Pelmore personally.
It is so ORDERED.
Source: Leagle
