Christopher Vickerman v. Jake Vermillion, Corrections Officer, Ward County Jail

Summary

The court addresses unsuccessful attempts to serve Defendant Jake Vermillion in Plaintiff Christopher Vickerman's pro se excessive-force action. Applying Federal Rule of Civil Procedure 4, the court explains that Plaintiff bears ultimate responsibility for providing accurate service information, despite proceeding in forma pauperis and receiving assistance from the United States Marshals Service. The court extends the service deadline to January 23, 2026, and warns that failure to provide a valid address or otherwise comply will result in dismissal without prejudice.

Holdings

1. Although the United States Marshals Service must effect service when an in forma pauperis plaintiff requests it, the plaintiff retains ultimate responsibility for providing accurate information needed to accomplish service.
2. After unsuccessful service attempts, the court may extend the Rule 4(m) deadline and provide a specified period for service; here, the court extended the deadline and required Plaintiff to provide a valid service address.

Questions Presented

1. Who bears ultimate responsibility for providing accurate information and effectuating service of process when a pro se prisoner proceeds in forma pauperis and the United States Marshals Service has been directed to serve the defendant?
2. Whether the court should extend the Rule 4(m) service deadline after unsuccessful service attempts.

Disposition

other