Inscoe v. North Carolina Department of Adult Corrections et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:22-cv-00243-MR
ASHLEE INSCOE,1 )
)
Plaintiff, )
)
vs. ORDER
NORTH CAROLINA DEPARTMENT
OF PUBLIC SAFETY, et al.,
Defendants.
)
)
)
)
)
________________________________ )
THIS MATTER is before the Court on the North Carolina Department
of Adult Corrections’ (NCDAC) sealed Notice [Doc. 12] regarding the Court’s
Request for Waivers of Service [see Doc. 7].
The Complaint passed initial review against Defendants Eddie M.
Buffaloe, Jr.,2 Shawn Buchanan, Russell Carver, Derrick Fox,3 Christian
1 According to the North Carolina Department of Adult Corrections’ website, the Plaintiff’s
name is William M. Inscoe. See https://webapps.doc.state.nc.us/opi/viewoffender.do?
method=view&offenderID=0568587&searchOffenderId=0568587&searchDOBRange=0
&listurl=pagelistoffendersearchresults&listpage=1 (last accessed March 20, 2023); Fed.
R. Evid. 201.
2 “Eddie Buffaloe” in the Complaint.
3 “Derick Fox” in the Complaint.
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Goforth,4 Matthan Hicks,5 Ronnie L. Huneycutt,6 Charlotte Jordan Williams,7
Chris Miller, Edna Silver, James Waldroop, and James Brian Watson,8 and
the Court initiated the procedure for waiver of service.9 [Doc. 19]. Service
waivers have been filed for all of the Defendants except Defendants Miller
and Carver. [Doc. 11]. NCDAC is unable to waive service for Defendants
Miller and Carver, who are no longer employed by NCDAC; it has provided
these Defendants’ last known addresses under seal. [See Doc. 12].
The Clerk will be directed to notify the U.S. Marshal that Defendants
Miller and Carver need to be served with the summons and Complaint in
accordance with Rule 4 the Federal Rules of Civil Procedure. If Defendants
Miller and Carver cannot be served at the addresses provided by NCDAC,
the U.S. Marshal shall be responsible for locating their home addresses so
that they may be served. See 28 U.S.C. § 1915(d) (in actions brought in
4 “FNU Goforth” in the Complaint.
5 “(Nathan) FNU Hicks” in the Complaint.
6 “Ronnie L. Honeycutt” in the Complaint.
7 “Charlotte Jordan-Williams” in the Complaint.
8 “James B. Watson” in the Complaint.
9 The Court also exercised supplemental jurisdiction over the Plaintiff’s claims under the
North Carolina Constitution against those Defendants as well as the North Carolina
Department of Public Safety, the predecessor of NCDAC.
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forma pauperis under § 1915(d), “[t]he officers of the court shall issue and
serve all process, and perform all duties in such cases”); Fed. R. Civ. P.
4(c)(3) (“At the plaintiff’s request, the court may order that service be made
by a United States Marshal or deputy marshal or by a person specially
appointed by the court. The court must so order if the plaintiff is authorized
to proceed in forma pauperis under 28 U.S.C. § 1915….”).
If the U.S. Marshal is unable to obtain service on Defendants Miller and
Carver, the U.S. Marshal shall inform the Court of the reasonable attempts
to obtain service. The U.S. Marshal shall not disclose Defendants’ home
addresses to the pro se incarcerated Plaintiff and shall file any document
containing such addresses under seal.
The Clerk of Court will be instructed to update the Court file with
Defendants’ correct names as reflected in this Order.
IT IS THEREFORE ORDERED that the U.S. Marshal shall use all
reasonable efforts to locate and obtain service on Defendants Chris Miller
and Russel Carver. If the U.S. Marshal is unable to obtain service on
Defendants Miller and Carver, the U.S. Marshal shall inform the Court of the
reasonable attempts to obtain service.
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The Clerk is respectfully instructed to mail a copy of the Complaint
[Doc. 1], the Sealed Notice containing Defendants Miller and Carver’s last
known addresses [Doc. 12], and this Order to the U.S. Marshal.
IT IS FURTHER ORDERED that the Clerk is instructed to substitute
the Defendants’ names in the Court’s record as follows: Eddie M. Buffaloe,
Jr. for “Eddie Buffaloe, Derrick Fox for “Derick Fox,” Christian Goforth for
“FNU Goforth,” Matthan Hicks for “Nathan Hicks” Ronnie L. Huneycutt for
“Ronnie Honeycutt,” James Brian Watson for “James B. Watson,” and
Charlotte Jordan Williams for “Charlotte Jordan-Williams.”
IT IS SO ORDERED.
Signed: April 25, 2023
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