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Alexander v. Calzetta

United States District Court, E.D. Michigan, Southern Division

June 4, 2018

D'ANDRE ALEXANDER # 731077, Plaintiff
v.
NICHOLAS GALZETTA, FRED GOVERN, ERICA HUSS, DARRIN VIITALA, MANDI SALMI, KENNETH NIEMISTO, KRISTINE GIESEN, TERRY MEDEN, CHAD LaCOUNT, HANNA SAAD, DR. ROSEN, C/O WATKINS, C/O LEWIS, C/O LEE, C/O SLAUGHTER, C/O HOUSTON, DAPHNE M. JOHNSON and RICHARD IDEMUDIA, Defendants.

          Mark A. Goldsmith, District Judge

          ORDER GRANTING PLAINTIFF'S MOTION TO ENFORCE PREVIOUS ORDER TO HAVE DEFENDANTS SERVED (DE 123) AND DIRECTING THE UNITED STATES MARSHALS SERVICE TO ATTEMPT PERSONAL SERVICE UPON DEFENDANT HANNAH SAAD

          ANTHONY P. PATTI, UNITED STATES MAGISTRATE JUDGE

         A. Background

         Plaintiff D'Andre Alexander (#731077) is currently incarcerated at the MDOC's Woodland Center Correctional Facility (WCC) in Whitmore Lake, Michigan. See www.michigan.gov/corrections, “Offender Search.” On September 8, 2016, while incarcerated at Macomb Correctional Facility (MRF), Plaintiff filed the instant lawsuit against 18 defendants, who are described as follows:

. nine (9) Defendants are associated with the MDOC's Marquette Branch Prison (MBP) (Calzaetta, Govern, Giesen, Vitala, LaCount, Niemisto, Huss, Salmi and Meden),
. eight (8) Defendants are associated with the MDOC's Woodland Center Correctional Facility (WCC) (Saad, Rosen, Watkins, Lewis, Lee, Slaughter, Houston and Idemudia), and
. one (1) Defendant is associated with the MDOC's Office of Legal Affairs (Johnson).

(DE 1.) The facts underlying his complaint span the period from February 2, 2015, when Plaintiff was incarcerated at MBP, through February 2016, when Plaintiff was incarcerated at WCC. (Id.) The Court granted Plaintiff's application to proceed in forma pauperis and directed service of the complaint by the U.S. Marshals Service (“USMS”) on September 16, 2017. (DEs 4, 6.) This case has been referred to me to conduct pretrial matters. (DE 8.)

         To date, seventeen of the eighteen defendants have been served and entered an appearance. However, Defendant Hannah Saad has yet to appear. It appears that several attempts at service have been unsuccessful. (See, e.g., DEs 7, 17, 28-30, 69, 110.) On September 27, 2017, the Court ordered the MDOC to provide Defendants Rosen's and Saad's (at that time, the last two un-served defendants) last known addresses to the USMS under seal, and directed the USMS to re-attempt service of process upon those Defendants. (DE 69.) The USMS again attempted service upon Rosen and Saad. (DEs 110, 111) Defendant Rosen was at last served and counsel entered an appearance for him on May 24, 2018. (DE 121.) However, Saad has yet to be served.

         On May 31, 2018, Plaintiff filed a motion to enforce previous order to have Defendants served, requesting that the Court re-order service on the unserved defendants. (DE 123.)

         B. The Court Now Directs Personal Service

         Federal Rule of Civil Procedure 4 provides:

Unless federal law provides otherwise, an individual--other than a minor, an incompetent person, or a person whose waiver has been filed--may be served in a judicial district of the United States by:
(1) following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is ...

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