Opinion
Case No. 2:15-cv-00386-DB-EJF
06-07-2016
KATHLEEN M. RIESE, Plaintiff, v. GEICO, Defendant.
MEMORANDUM DECISION AND ORDER ON SERVICE OF PROCESS
District Judge Dee Benson Magistrate Judge Evelyn J. Furse
On June 9, 2015, the Court granted Plaintiff Kathleen M. Riese leave to proceed in forma pauperis under 28 U.S.C. § 1915. (ECF No. 2.) Subsequently, District Judge Dee Benson referred this case to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B). (ECF No. 4.)
Rule 4 requires a court to serve process for plaintiffs it has authorized to proceed in forma pauperis under 28 U.S.C. § 1915. Fed. R. Civ. P. 4(c)(3) ("At the plaintiff's request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 . . . .") (emphasis added); see Olsen v. Mapes, 333 F.3d 1199, 1204 (10th Cir. 2003) ("When a plaintiff is granted in forma pauperis status, the district court is required to serve process for the plaintiff.").
The Complaint does not provide Defendant Geico's address. Therefore, the Court first ORDERS Ms. Riese to file a Notice by Wednesday, June 22, 2016 containing the
Defendant's address, along with the address of the Defendant's registered agent or other person authorized to accept service of process.
After Ms. Riese supplies the necessary information regarding where to serve the Defendant, the Court DIRECTS the Clerk of Court to prepare a summons for the Defendant in this case. The United States Marshals Service shall serve a completed summons, a copy of the Complaint, and a copy of this Order upon the Defendant.
DATED this 7th day of June, 2016.
BY THE COURT:
/s/_________
EVELYN J. FURSE
United States Magistrate Judge