Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 C. Miles et. al., 12 Defendants. 13 14 15 Pending before the Court is Plaintiff's Motion for Service (Doc. # 173). Plaintiff has 16 previously moved for default judgment against Defendant Earl Scalet. It is undisputed that 17 Scalet has not yet been personally served with process and therefore an entry of default is 18 improper. Plaintiff complains that Jacque Hahn improperly signed a certified mail receipt 19 indicating that he was accepting service on behalf of Scalet. Assuming that to be true, Scalet 20 still has not been brought within the jurisdiction of this Court. While the Corrections 21 Corporation of America defendants have provided the Court with the last known address they 22 have for Scalet, the United States Marshals were unable to locate Scalet at that address. It 23 has come to the Court's attention that Scalet is not a Corrections Corporation of America 24 employee or former employee but is or was actually an employee of Immigration and 25 Customs Enforcement ("ICE"). Accordingly, the Court orders the Clerk of Court to issue 26 a Subpoena Duces Tecum directing Philip C. Crawford, the ICE Arizona Field Office 27 Director, to submit the current or last known address of Earl Scalet to this Court under seal 28
Case 2:03-cv-01819-JAT Document 174 Filed 03/15/2006 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Carlos Arthur Powell, Plaintiff, vs.

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No. CV 03-1819-PHX-JAT ORDER

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within five days from receiving the Subpoena. The Clerk of Court is further ordered to forward a copy of the Subpoena with this Order to the United States Marshals. The United States Marshals are ordered to personally serve the Subpoena with a copy of this Order on Philip C. Crawford at 2035 N. Central Avenue within five days from receiving the Subpoena and Order. Accordingly, IT IS ORDERED that Plaintiff's Motion for Service (Doc. # 173) is GRANTED to the extent that the Clerk of Court is ordered to issue a Subpoena Duces Tecum directing Philip C. Crawford, the ICE Arizona Field Office Director, to file the current or last known address of Earl Scalet with this Court under seal within five days from receiving the Subpoena; the Clerk of Court is further ordered to forward the original Subpoena and a certified copy of this Order to the United States Marshals; the United States Marshals are ordered to personally serve the Subpoena and this Order on Philip C. Crawford at 2035 N. Central Avenue in Phoenix, Arizona within five days from receiving the Subpoena and Order; IT IS FURTHER ORDERED that Plaintiff's Motion for Service (Doc. # 173) is DENIED in all other respects. DATED this 13th day of March, 2006.

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