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Bond v. Busby

October 10, 2006

STEVEN VICTOR BOND PLAINTIFF
v.
DICK BUSBY, ET AL. DEFENDANTS



The opinion of the court was delivered by: James M. Moody United States District Court

ORDER

Pending before the Court is defendant Deputy Love's motion in which his counsel appears for the limited purpose of moving the Court to set aside service of process.

Plaintiff, who is pro se and in forma pauperis, provided the Court with the name of this defendant and listed his addresses as that of the Crittenden County Sheriff's Department. The Court directed the U.S. Marshal to complete service of process.

Deputy Love is no longer employed by the Crittenden County Sheriff's Department. While an in forma pauperis plaintiff is entitled to rely on the court officers and the U.S. Marshal to effect proper service, when a plaintiff fails to provide the Court with valid addresses for the defendants, the Court cannot meet this responsibility.

Because Deputy Love was not properly served, the motion to set aside service as to Deputy Love is granted (#83).

IT IS SO ORDERED.

20061010

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