Opinion
No. CV-12-435-PHX-SRB (LOA)
09-13-2012
Theodore Jacob Jones, Plaintiff, v. CO II Forbes, et al., Defendant.
ORDER
This matter is before the Court on Plaintiff's Motion for Status of Service, doc. 28. Specifically, Plaintiff requests the status on the service of Defendant Forbes.
Plaintiff filed a pro se Prisoner Civil Rights Complaint on March 1, 2012, doc. 1, and a First Amended Complaint, doc. 9, on May 3, 2012. After the mandatory screening process pursuant to 28 U.S.C. § 1915(A)(2), Defendants Forbes and Sanchez were ordered to answer the amended complaint. (Doc. 11) Plaintiff requested the Arizona Department of Corrections to provide him with the last known address of Defendant Sanchez for the purpose of service. (Doc. 13) The Court provided Plaintiff with five blank subpoenas in which to discover service information on Defendant Sanchez and the Court also extended the service deadline date. (Doc. 16) Defendant Sanchez was served on August 22, 2012. (Doc. 26) On September 4, 2012, the Court issued an order which addressed, among other things, service on Defendant Forbes. (Doc. 27) In that Order, the Court denied Plaintiff's Motion for Forms, noting that it had provided Plaintiff with five blank subpoenas, Defendant Sanchez had been served, and that Plaintiff provided no explanation as to why he needed additional forms. (Id. at 2-3) The Court further noted that Plaintiff should have sufficient remaining subpoena ability to obtain Defendant Forbes' address, but if not, and, if Plaintiff complied with the Court's September 4, 2012 Order, the Court would provide Plaintiff with additional subpoenas. (Id.)Plaintiff has not asked for additional subpoenas, nor has he shown that he does not have remaining blank subpoenas from those previously issued for Defendant Sanchez.
Defendant Sanchez filed an Answer on September 12, 2012. (Doc. 29) Although Defendant Sanchez' Answer references "Defendants" in the plural, it does not appear that Defendant Forbes or Defendant Forbes made an appearance in this Answer. In an abundance of caution, the Court will order, among others, that Defendant Sanchez to provide the last known address of Defendant Forbes under seal to the Clerk's Office so that Plaintiff may properly have Defendant Forbes served by the U.S. Marshals Service.
Accordingly,
IT IS ORDERED that Plaintiff's Motion for Status of Service, doc. 28, is GRANTED.
IT IS FURTHER ORDERED that on or before Friday, September 28, 2012, Defendant Sanchez, who has been served and has appeared in this action, shall provide under seal the last known address of Defendant Forbes to the Clerk's Office. Alternatively, Defendant Sanchez may file a notice accepting service on behalf of Defendant Forbes or Defendant Forbes may file a written waiver of service pursuant to Rule 4(d), Fed.R.Civ.P. Except for disclosure to the U.S. Marshals Service, Defendants addresses shall be kept confidential and any documents relating to service on a Defendant named herein shall be filed under seal.
IT IS FURTHER ORDERED that:
1. Upon receipt of the address of Defendant Forbes, the Clerk of Court shall complete service packet and forward it to the United States Marshal Service.
2. Service shall be made within sixty (60) days of the date of this order at Government expense by the United States Marshal Service or his authorized representative pursuant to Rule 4(e)(1) of the Federal Rules of Civil Procedure. Failure to accomplish service within this time period may result in dismissal of Plaintiff's claims against any unserved defendant for failure to serve pursuant to Fed. R. Civ. P. 4(m).
3. Defendant Forbes shall have twenty-one (21) days from the date of service within which to answer or otherwise respond to the Complaint as provided by the Federal Rules of Civil Procedure.
4. Any answer or responsive pleading shall state the specific Defendant(s) by name on whose behalf it is filed. The Court may strike any answer or responsive pleading that does not identify the specific Defendant(s) by name on whose behalf it is filed.
__________________
Lawrence O. Anderson
United States Magistrate Judge