Thiel v. Reno County Commission
5:19-cv-03126 | D. Kan. | Sep 25, 2019
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JASON THIEL,
Plaintiff,
vs. Case No. 19-3126-SAC
RENO COUNTY COMMISSION, et al.,
Defendants.
O R D E R
On September 11, 2019, the court directed the Clerk of the
Court to issued waiver of service to defendant Travis Dorian and
dismissed the remaining defendants in this action. The waiver of
service which was sent to the Hutchinson Police Department was
returned unexecuted with the notation that Dorian was no longer
there.
Plaintiff is advised that this matter may not proceed further
until a defendant has been served with summons and a complaint.
Under the Rule 4(m) of the Federal Rules of Civil Procedure, unless
a defendant is served within 90 days after the complaint is filed,
the court “must dismiss the action without prejudice against that
defendant or order that service be made within a specified time.”
If plaintiff shows good cause for failure to make service, the
court must extend the time for service for an appropriate period.
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The complaint in this case was filed July 11, 2019. The
ninetieth day after that is October 9, 2019. Plaintiff is entitled
to have the United States Marshal or Deputy Marshal serve summons
because plaintiff has been authorized to proceed in forma pauperis.
Fed.R.Civ.P. 4(c)(3). But, plaintiff has the responsibility to
provide the Court or the Marshals Service with the information of
defendant Dorian’s address for service. Folsom v. Grice, 2018 WL
5904508 *2-3 (W.D.Okla. 10/26/2018); Nichols v. Schmidling, 2012
WL 10350 *2 (D.Kan. 1/3/2012).
The court orders plaintiff to supply the court with defendant
Dorian’s address so that the court may direct the United States
Marshal to serve summons upon Dorian. If plaintiff needs more
time to obtain this information and fears that service cannot be
made by October 9, 2019, plaintiff may ask for an extension of
time for service pursuant to Rule 4(m).
IT IS SO ORDERED.
Dated this 25th day of September, 2019, at Topeka, Kansas.
s/Sam A. Crow __________________________
Sam A. Crow, U.S. District Senior Judge
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