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
The Plaintiff, Levon Alls, is proceeding in forma pauperis (“IFP”). ECF 2. After the
Court screened Plaintiff’s complaint, the Court ordered service on Defendant Captain
Jackson by the United States Marshal Service. ECF 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, nor any computer
incident records for Plaintiff. Id. In addition, the prison employs more than one person
with the last name Jackson. Id.
Because Plaintiff is proceeding IFP, he is entitled to rely on the Court to effect
service. “[I]n forma pauperis litigants should be entitled to rely on the court officers and
United States Marshals to effect proper service, and should not be penalized for failure
to effect service where such failure is not due to fault on the litigant’s part.” Fowler v.
Jones, 899 F.2d 1088, 1095 (11th Cir. 1990). Even so, IFP litigants may not remain silent
and do nothing to help effectuate service of process. Id. At a minimum, an IFP litigant
should request service upon the appropriate defendants and attempt to remedy any
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apparent service defects of which he has knowledge. Id.
Accordingly, Plaintiff is hereby NOTIFIED that the Court received an unexecuted
process receipt and return for Defendant Captain Jackson. ECF 23.
If Plaintiff wishes to pursue his claims against Defendant Captain Jackson, then
within 21 days of this Order, no later than May 5, 2026, Plaintiff is DIRECTED to remedy
the apparent service defect by providing the Court with additional information regarding
Defendant Captain Jackson’s identity, for example, a first name or current address or
place of employment, so that the Court may continue its efforts to perfect service on
Plaintiff’s behalf.
SO ORDERED, this 14th day of April, 2026.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
Case 5:25-cv-00461-MTT Document 25 Filed 04/14/26 Page 2 of 2