Wilson v. O'Bryant et al, No. 3:2022cv00556 - Document 38 (E.D. Va. 2023)

Court Description: MEMORANDUM OPINION. Signed by District Judge David J. Novak on 9/5/2023. (Kat) (Copy sent to Plaintiff, as directed.)

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Wilson v. O'Bryant et al Doc. 38 Case 3:22-cv-00556-DJN-MRC Document 38 Filed 09/05/23 Page 1 of 3 PageID# 150 Dockets.Justia.com Case 3:22-cv-00556-DJN-MRC Document 38 Filed 09/05/23 Page 2 of 3 PageID# 151 Case 3:22-cv-00556-DJN-MRC Document 38 Filed 09/05/23 Page 3 of 3 PageID# 152 May 26, 2023, and the Clerk "sent me all of the filings and orders in the mail." (ECF No. 37, at 1.) Thus, at that juncture, Wilson should have been aware that Defendant Daley had not been served and should have promptly provided the Court with an address so that the Marshal could attempt service. That was nearly three months ago. Wilson fails to show good cause through this argument. Second, Wilson claims that he is unable to serve Defendant Daley because he is incarcerated, and that at any rate, it is not his obligation to serve Defendants, because he is proceeding informa pauperis. (Id. at 1-2.) That is simply untrue. Even though Wilson is proceeding pro se, it was his responsibility to find an address where Defendant Daley could be served and send it to the Court. See Lee v. Armontrout, 991 F.2d 487, 489 (8th Cir. 1993) (holding that prisoners proceeding informa pauperis retain responsibility for providing address at which service can be effectuated). In sum, Wilson fails to demonstrate that he made a "reasonable, diligent effort[] to effect service on the defendant[s]." Venable, 2007 WL 5145334, at *l (citation omitted) (internal quotation marks omitted). Accordingly, all claims against Defendant Daley will be DISMISSED WITHOUT PREJUDICE. Let the Clerk file a copy of this Memorandum Opinion electronically and send a copy to Plaintiff. An appropriate Order shall issue. 1,1 (i){_ David J. Novak United States District Judge Richmond, Virginia Dated: September 5, 2023 3

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