Free Order on Motion for Discovery - District Court of Delaware - Delaware


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Date: April 10, 2007
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Case 1 :05-cv-00013-GIVIS Document 102 Filed 04/10/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JIIVIMIE LEVVIS, )
Plaintiff, g
) CONSOLIDATED
v. ) Civil Action N0. 05-013-GMS
) Civil Action No. 05-051-GMS
WARDEN RAFAEL WILLIAMS, ) Civil Action No. 05-052-GMS
Defendants. g
I" L\ ORDER
At Wilmington this L day of [g;`1j·f 2 , 2007.
The plaintiff, Jimmie Lewis ("Lewis"), filed this civil rights action pursuant to 42 U.S.C.
§ 1983. (D.I. 2) He appears pro se and was granted informa pauperis status pursuant to 28
U.S.C. § 1915. (D.I. 4) In accordance with the court’s orders of March 6, 2006, and July 28,
2006, Lewis returned to the court completed USM-285 forms for service upon the defendants.
Several of the USM-285 forms were returned unexecuted. VVhen the State defendants
filed their answer, they raised as a defense and affirmative defense insufficiency of service of
process and insufficiency of process. (D.I. 97, Defenses and Affirmative Defenses 1111 21, 22.)
Lewis moves the court for discovery from the warden of Howard R. Young Correctional
Institution ("HRYCI"), the defendant Raphael Williams ("Warden Williams"), to provide
addresses for individuals no longer at HRYCI. (D.I. 100.) Lewis contends that the only way for
him to complete service of process is for Warden Williams to supply the full and complete
addresses of the following unserved defendants: Dr. Joshi ("Joshi"), Archie Armstrong
("Armstrong’), Mr. Fish ("Fish"), Mack Reynolds ("Reynolds"), Aaron Goines ("Goines"), C/O
Cumberback (“Cumberback"), C/O Harriford ("Harriford"), C/O Presley ("Presley"), Lt.

Case 1 :05-cv-00013-GIVIS Document 102 Filed 04/10/2007 Page 2 of 4
Mitchell ("Mitchell"), Nanette Bordley ("Bordley"), Tamiko Chaffer ("Chaffer"), C/O Hardgrave
("Hardgrave"), Diane Hernandez ("l-lemandez”), Ms. Newman (‘“Newman"), Dr. Boston
("Boston"), Dr. Ali ("Ali"), Georgia Sutton ("Sutton"), and Nurse Im1a("Im1a").
During the relevant time period in the complaint, the unserved defendants were either
employed by the Delaware DOC or under contract to provide medical services for inmates in the
custody of the DOC. With the exception of the defendant Aaron Goines ("Goines"), the USM-
285 forms for the unserved defendants were filled out to serve the defendants at the HYRCI.
Goines was to be served at the Department of Correction ("DOC"). (D.I. 56.) The USM-285
forms were forwarded to the U.S. Marshal Service along with other court documents for service
upon the defendants. The USM-285 forms for Sutton, lrma, Ali, Boston, Joshi, Cumberback,
Presley, Mitchell, Harriford, Bordley, Chaffer, Hardgrave, and Hemandez were retumed
unexecuted by the U.S. Marshal with the remarks, "No longer @ HRYCI. Return unexecuted."
(D.I. 45, 46, 47, 48, 49, 50, 51, 54, 55, 59, 60, 61, 93.) The USM-285 forms for Goines and Fish
were retumed unexecuted by the U.S. Marshal with the remarks, "No longer w/DOC. Return
unexecuted." (D.I. 56, 57.) The USM—285 form for Newman was returned unexecuted by the
U.S. Marshal with the remarks, "Out on extended sick leave pending retirement. Retum
unexecuted." (D.I. 62.) The USM-285 forms for Armstrong and Reynolds were retumed
unexecuted by the U.S. Marshal with the remarks, "No one @HRYCI by this name. Return
unexecuted." (D.I. 52, 58.)
The court has an obligation to assist pro se plaintiffs in the service of process. Pa/mer v.
Stewart, No. 02 Civ.4076 LTS GWG, 2003 WL 21279440 (S.D.N.Y June 4, 2003) (citing
Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997)). Indeed, many courts have entered orders to
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Case 1 :05-cv-00013-GIVIS Document 102 Filed 04/10/2007 Page 3 of 4
assist a pro se plaintiff in identifying and obtaining addresses of defendants so that service may
be effected. See In Re Johnson, No. 02-5225, 2001 WL 1286254 (D.C. Cir. Sept. 28, 2001)
(district court ordered individual to indicate where and when he was available for service of
process or to provide district court with name and address of individual authorized to accept
service of process on his behalf); Palmer v. Stewart, No. 02 Civ.4076 LTS GWG, 2003 WL
21279440 (S.D.N.Y June 4, 2003) (court ordered counsel for New York City to file an affidavit
containing name and address to assist pro se plaintiff in service of process); Garrett v. Miller,
No. 02 C 5437, 2003 WL 1790954 (N.D. Ill. Apr. 1, 2003) (counsel for defendants ordered to
provide address to court to assist pro se plaintiff in obtaining service of process); Dudley v. Texas
Instruments, Inc., No. Civ.A. 302CV292M, 2002 WL 992766 (N .D. Tex. May 13, 2002) (court
determines assistance should be provided to pro se plaintiff to help him effect proper service, and
counsel for corporation is ordered to provide plaintiff with names and addresses of corporate
officers and registered agent); Bloomer v. City of New York, No. CV 89-592(RR), 1994 WL
92388 (E.D.N.Y. Mar. 3, 1994) (court ordered counsel for New York City, who did not represent
police officers in their individual capacity, to provide addresses of police officers when counsel
refused to accept service for officers). Additionally, the court’s inherent power allows it to enter
orders to manage its own affairs "so as to achieve the orderly and expeditious disposition of
cases." Hritz v. Woma Corp., 732 F.2d 1178, 1180 (3d Cir. 1984) (citing Link v. Wabash R. R.
Co., 370 U.S. 626, 629-31 (1962).
Without the correct addresses, Lewis cannot effect service upon individuals who are no
longer at HRYCI. Accordingly, plaintiffs motion is granted. (D.I. 100.)
THEREFORE, IT IS ORDERED that on or before May 3, 2007, Warden Williams shall
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Case 1 :05-cv-00013-GIVIS Document 102 Filed 04/10/2007 Page 4 of 4
provide to Lewis the last known addresses for the defendants Dr. Joshi, Archie Armstrong, Mr.
Fish, Mack Reynolds, Aaron Goines, C/O Cumberback, C/O Harriford, C/O Presley, Lt.
Mitchell, Nanette Bordley, Tamiko Chaffer, C/O Hardgrave, Diane Hernandez , Ms. Newman,
Dr. Boston, Dr. Ali, Georgia Sutton, and Nurse Inna, or in the altemative, if the foregoing
individuals are still employed by the Delaware DOC, the correctional facility where they are now
located, so that these defendants may be served. Lewis shall have twenty-one days from receipt
of the addresses to submit to the court complete U.S. Marshal-285 forms as well copies of the
complaint (D.I. 2), the amended complaint (D.l. 8) and the second amended complaint (D.I. 18)
for service upon each of the above listed defendants.
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