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12-263 - McGowan v. Ruiz et al (ASH)


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12-263 - McGowan v. Ruiz et al (ASH)
August 26, 2014
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MEMORANDUM AND ORDER. The motion [Doc. 50] is GRANTED to the extent the Clerk is DIRECTED to issue alias summons for the three unserved defendants with their titles and the U.S. Marshal is ORDERED to personally serve copies of the summons and complaint upon defendants Unit Manager Fred James, Correctional Officer George King, and Correctional Officer W. Potter at the Morgan County Correctional Complex or wherever the defendants may be found. Plaintiff's motion for sanctions against defense counsel based upon the lack of service[Doc. 48] is DENIED. The motion [Doc. 49] is GRANTED to the extent the defendants are ORDERED to respond to plaintiff's discovery requests. The motion for an emergency restraining order [Doc. 46] is DENIED. Signed by Chief District Judge Thomas A Varlan on 8/26/14. (JBR) (c/m to Plaintiff. Alias Summons issued and forwarded to USMS) Modified text on 8/26/2014 (JBR).
August 10, 2015
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MEMORANDUM AND ORDER denying plaintiff's 58 motion for appointment of counsel and to compel discovery. Plaintiff's renewed motion for court ordered service of process 59 is GRANTED. The Warden of the Morgan County Correctional Complex is hereby ORDERED to provide the United States Marshals Service with the last known addresses of Correctional Officer George King and Correctional Officer W. Potter. The United States Marshals Service is in turn DIRECTED to personally serve copies of the summons and complaint upon Correctional Officer George King and Correctional Officer W. Potter at the last known addresses provided or wherever they may be found. Signed by Chief District Judge Thomas A Varlan on 8/10/15. (c/m and cc Warden of the Morgan County Correctional Complex) (ADA)
January 15, 2016
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MEMORANDUM AND OPINION, Defendant Hall has presented good cause to excuse hisdefault, Plaintiff's motion for default judgment 76 as to Defendant Hall is DENIED. Defendant Potter has not filed a response to the Court's order or a response to Plaintiff's motion for default judgment. As Plaintiff has not filed a motion for entry of default by the Clerk, however, Plaintiff's motion for default judgment 76 against Defendant Potter is premature. Accordingly, Plaintiff's motion for default judgment as to Defendant Potter is DENIED without prejudice. Also, in reviewing the docket sheet for this case, it is apparent that two attempts to serve Defendant George King by mail were unsuccessful 18, 40, that the Court therefore ordered that the Warden of Morgan County Correctional Complex provide the United States Marshal Service with the last known address for Defendant George King so that the Marshals could personally serve him with process 52, and that on September 10, 2015, counsel for Defendants filed a notice with the Court indicating that MCCX does not have any record of a current or former employee named George King, as well as an affidavit in support thereof 69 and [69-1]. Plaintiff has not responded to this notice, nor has he provided any additional information regarding the individual in the complaint named as George King. Accordingly, George King is DISMISSED from this action. Signed by Chief District Judge Thomas A Varlan on 1/15/16. (c/m)(ADA)
May 25, 2016
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MEMORANDUM AND OPINION as set forth in following order. Signed by Chief District Judge Thomas A Varlan on 5/25/16. (c/m to Mr. McGowan)(ABF)