ALLS v. JACKSON ET AL

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
LEVON ALLS, 	)
)
Plaintiff, 	)
)
v. 	) 	CIVIL ACTION NO. 5:25-cv-461 (MTT)
)
Captain JACKSON, in her individual 	)
capacity, et al. 	)
)
Defendants. 	)
)
ORDER
Plaintiff, Levon Alls, is proceeding in forma pauperis (“IFP”). ECF 2. After the
Court screened Plaintiff’s complaint and subsequent amended complaints, the Court
ordered service on Defendant Captain Jackson by the United States Marshal Service.
ECF 8; 16; 21. The process receipt and return for Defendant Jackson was returned
unexecuted. ECF 23. The U.S. Marshal Service was unable to locate Defendant
Captain Jackson. Id. The Georgia Diagnostic Class Prison indicated there was no
current or past Captain Jackson, that it employs more than one person with the last
name Jackson, and that there are no computer incident records for Plaintiff. Id. The
Court ordered Plaintiff to provide further service information for Defendant Captain
Jackson. ECF 25. In response, Plaintiff requests additional time to provide further
identifying information and an extension of the service deadline. ECF 26. Plaintiff also
moves to compel the Georgia Department of Corrections (“GDC”) to provide identifying
information. ECF 27. Plaintiff states that he has submitted an Open Records Request
seeking, among other things, personnel records “showing Captain Jackson’s
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assignment at Jackson Diagnostic and Classification Prison on October 13–15, 2023”1
and seeking Captain Jackson’s full name, but that he has received no response. ECF
26 at 1–2. Plaintiff also called the GDC Human Resources Department, but “has been
unable to obtain the necessary information.” Id. at 2.
A. Motion to Extend Service Deadline
The Court screened Plaintiff’s initial complaint on November 12, 2025, and
directed service on Defendant Captain Jackson by the U.S. Marshals Service. ECF 8.
Before service was completed, Plaintiff filed an amended complaint adding additional
defendants and asserting new claims. ECF 10. Following the Court’s screening of
Plaintiff’s amended complaint, the Court again directed service on Defendant Captain
Jackson. ECF 16. The Court also provided that, should Plaintiff identify certain unknown
transport officers, he could seek leave, within sixty days, to amend his complaint to
assert an additional claim against them. Id. Plaintiff did so, filing a second amended
complaint on March 26, 2026. ECF 20. The Court screened Plaintiffs’ second amended
complaint on April 7, 2026, and again directed service on Defendant Captain Jackson
and on an additional identified transport officer, Sergeant Mitchel Montinat. ECF 21.
“When a plaintiff is proceeding IFP under section 1915, the district court must
order the USMS to effectuate service upon defendants, provided that the plaintiff has
made reasonable efforts to identify the defendants to be served.” Giddens v. Brooks
Cnty., Georgia, 2022 WL 836273, at *6 (11th Cir. Mar. 21, 2022) (citing Rance v.
Rocksolid Granit USA, Inc., 583 F.3d 1284, 1286 (11th Cir. 2009)). “[T]he failure of the
United States Marshal to effectuate service on behalf of an in forma pauperis plaintiff
1 Plaintiff refers to “Jackson Diagnostic and Classification Prison,” which the U.S. Marshals Service has
identified as the Georgia Diagnostic Class Prison located in Jackson, Georgia. See ECF 23.
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through no fault of that plaintiff constitutes ‘good cause’ for the plaintiff's failure to effect
timely service within the meaning of Rule 4(m).” Rance, 583 F.3d at 1288. In addition,
even absent a showing of good cause, the Court has discretion under Rule 4(M) to
extend the time for service. Giddens, 2022 WL 836273, at *6. “Circumstances that might
warrant an extension of time include when the statute of limitations would prevent
refiling or when the defendant evades service.” Id. Here, the events giving rise to
Plaintiff’s § 1983 claims occurred in October 2023; thus, the applicable two-year statute
of limitations may have run. See ECF 20 ¶¶ 20, 32, 37–38. Accordingly, the Court
exercises its discretion to extend the service deadline by ninety days from the Court’s
review of Plaintiff’s second amended complaint.
Plaintiff’s motion to extend the deadline for serving Defendant Jackson (ECF 26)
is GRANTED. The Court screened Plaintiff’s second amended complaint on April 7,
2026, so the deadline for service on Defendant Captain Jackson shall be July 6, 2026.
ECF 21.
B. Motion to Compel
As Plaintiff is proceeding IFP, the Court will construe Plaintiff’s motion to compel
as a request for the issuance of a subpoena under Rule 45 of the Federal Rules of Civil
Procedure. As construed, the motion (ECF 27) is GRANTED. The Clerk of Court is
DIRECTED to issue a subpoena to the custodian of records at the Georgia Department
of Corrections, 300 Patrol Rd., Forsyth, GA 30129, directing the production of:
Any and all documents reflecting the full name and current or last known
address of the employee, potentially known as Captain Jackson, who is
alleged to have been working at the Georgia Diagnostic Class Prison on
October 	13, 	2023, 	as 	an 	employee 	of 	the 	Georgia 	Department 	of
Corrections. If Captain Jackson is not the correct name of the female
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captain described in Plaintiff’s attached motion to compel, the GDC will
identify the correct name of the employee.
The subpoena shall be served by the United States Marshals Service, along with
a copy of this Order and Plaintiff’s motion to compel (ECF 27),2 and it shall further direct
the recipient to produce the above-listed information for the inspection of the Court at
the United States District Court for the Middle District of Georgia, Macon Division, 475
Mulberry Street, Macon, Georgia, within TWENTY-ONE (21) DAYS of the date of this
Order. If the only available address is Captain Jackson’s home address, the Clerk of
Court is directed to file that address under seal and to make it available to Court
personnel only. If the recipient of the subpoena chooses to file electronically, he or she
should file using the “notice” event and “ex parte document” to protect Captain
Jackson’s privacy.
***
Plaintiff’s motion for an extension of time to effect proper service (ECF 26) is
GRANTED. Service shall be perfected within ninety days of the Court’s screening of
Plaintiff’s second amended complaint, no later than July 6, 2026.
Plaintiff’s motion to compel, construed as a request for a subpoena (ECF 27), is
GRANTED.3
SO ORDERED, this 6th day of May, 2026.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
2 The motion to compel may assist the GDC in identifying Defendant.
3 To the extent Plaintiff seeks to compel information beyond what is specified in this Order, the motion to
compel is DENIED.
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