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Hale v. Pulley

April 20, 2006

GWENN HALE, PLAINTIFF,
v.
MICHELLE R. PULLEY, AND ROSALINA GONZALES, DEFENDANTS.



The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

Before the Court is plaintiff's Motion Seeking Response from Defendant. (Doc. 37). Plaintiff asks the Court to require defendant Michelle Pulley to file a response to his complaint. However, defendant Pulley has not been served. If fact, the U.S. Marshal reports that, as of November, 2005, Pulley was serving in the military in the Middle East. See, Doc. 31.

The Court cannot order a defendant who has not been served to file an answer.

Because plaintiff is proceeding in forma pauperis, he may rely on the Marshals Service to to serve the defendants. Antonelli v. Sheahan, 81 F.3d 1422 (7th Cir.1996). The Court directs the Marshals Service to try again to serve defendant Michelle Pulley.

Plaintiff's Motion Seeking Response from Defendant (Doc. 37) is DENIED.

IT IS SO ORDERED.

CLIFFORD J. PROUD UNITED STATES MAGISTRATE JUDGE

20060420

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