Opinion
1:23-CV-877
12-17-2024
ZEBEDEE BROWN, Plaintiff, v. GREESON, et al., Defendants.
ORDER
The Recommendation of the United States Magistrate Judge was filed in accordance with 28 U.S.C. § 636(b) and the Clerk served the recommendation on the parties. No objections were filed. For the reasons stated by the Magistrate Judge, the Court adopts the Recommendation and the motion to dismiss will be denied.
It appears that the defendant Crista has not been served with process; the Marshal attempted service by mail and the defendant Crista did not claim the mailing. Doc. 25. As the Marshal appears to have the defendant's last known address, the Court will direct the Marshal to attempt service in person.
It is ORDERED that:
1. The defendants' motion to dismiss, Doc. 22, is DENIED without prejudice to further consideration on dispositive motions after discovery.
2. The Clerk SHALL reissue the summons and the Marshal SHALL attempt service of process in person at the address provided in Doc. 18.
3. The Clerk shall redact the service addresses for the Defendant Crista so that the address is not provided to Plaintiff and does not appear on the public docket when the summonses issue and are returned to the Court.
4. Discovery need not await service on defendant Crista. The matter is REFERRED to the Magistrate Judge for an initial pretrial scheduling order.