Arriaga v. Roberts, No. 2:2016cv00031 - Document 19 (D. Utah 2017)

Court Description: MEMORANDUM DECISION & ORDER: It is here by ordered that: If the State is unable to accept service of process for the defendants identified, the State shall disclose to the United States Marshals Service any information in its records that may help in identifying, locating and completing service of process upon the named defendants. See order for details. Signed by Judge Robert J. Shelby on 09/20/2017. (kpf)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH MAXIMINO ARRIAGA, Plaintiff, MEMORANDUM DECISION & ORDER v. TONY WASHINGTON et al., Defendants. Case No. 2:16-CV-31 RJS District Judge Robert J. Shelby The Court has directed the United States Marshals Service to serve process in this case. See Fed. R. Civ. P. 4(c)(2). To do so, by statute, the United States Marshal "shall command all necessary assistance to execute its duties." See 28 U.S.C.S. ยง 556(c) (2017). The Complaint identifies the following Utah Department of Corrections employees as defendants: Tony Washington, Bruce Burnham, and Sidney G. Roberts. Service of process on current government employees may be effected via authorized agent. If any of the named defendants are no longer employed by the State or the State is not authorized to accept service for any of these individuals, more information must be obtained from the State to complete service. Accordingly, IT IS HEREBY ORDERED that: If the State is unable to accept service of process for the defendants identified above, the State shall disclose to the United States Marshals Service any information in its records that may help in identifying, locating and completing service of process upon the named defendants. Such information shall include, but is not limited to, the defendants' full names and any known aliases, dates of birth, Social Security numbers, driver's license numbers, all previous addresses, and last known addresses on file. The U.S. Marshal shall take all necessary measures to safeguard any personal information provided by the State to ensure that it is not disclosed to anyone other than the U.S. Marshals Service or Court officers. IT IS SO ORDERED. DATED this 20th day of September, 2017. BY THE COURT: JUDGE ROBERT J. SHELBY United States District Court 2