Opinion
2:22-CV-00083-BSM-JTR
01-17-2023
CHARLES DANIELS GREEN ADC #113257 PLAINTIFF v. GARY KERSTEIN, Health Care Provider, Wellpath, et al. DEFENDANTS
ORDER
On December 23, 2022, the summons issued to Defendant Dr. Mohammad Kashiff (“Dr. Kashiff”), through the Humphries, Odum & Eubanks law firm, was returned unexecuted, along with a letter from attorney Michelle Odum explaining that her firm could not accept service for Dr. Kashiff because he “is a provider outside the prison system in Pine Bluff, Arkansas and is not a Wellpath employee.” Doc. 12.
The Humphries, Odum & Eubanks law firm represents Wellpath, the contract medical provider for the Arkansas Division of Correction (“ADC”).
Thus, on December 28, 2022, the Court gave Plaintiff Charles Daniels Green (“Green”) until March 28, 2023 to file a Motion for Service that provides a valid service address for Dr. Kashiff. Doc. 13.
On January 13, 2023, Green provided an updated service address for Dr. Kashiff. Doc. 15. The Court construes this filing as Green's Motion for Service, which will be granted, with service to be reissued to Dr. Kashiff at the new address provided by Green.
IT IS THEREFORE ORDERED THAT:
1. The Clerk is directed to redesignate Docket Entry 15 as Green's Motion for Service.
2. Green's Motion for Service (Doc. 15) is GRANTED.
3. The Clerk is directed to issue a new summons for Dr. Kashiff. The United States Marshall is direct to serve the summons, Complaint (Doc. 2), Amended Complaint (Doc. 3), and this Order on Dr. Kashiff at the new address provided by Green: 1801 West 40th Avenue, Suite 7A, Pine Bluff, Arkansas 71603.