New Jersey Attorney General was not authorized to receive service of process on prison warden's behalf, so that service on him was inadequate as service on the warden in prisoner's federal civil rights lawsuit. Purported service on police sergeant and county corrections commissioner was also defective. Touray v. Middlesex County, No. 05-1097, 139 Fed. Appx. 428 (3rd Cir. 2005). [N/R]
     Inmate acting as his own attorney was entitled to rely on service of his lawsuit on defendant prison officials by the U.S. Marshals Service when he adequately identified the defendants. Failure to achieve timely service on the defendants was therefore excused. Ruddock v. Reno, #01-179, 104 Fed. Appx. 204 (2nd Cir. 2004). [N/R]
     When estate of inmate who died in county jail began the process of attempting service of process in a state court lawsuit against the sheriff and his deputies before the case was removed by the sheriff to federal court, the plaintiff had the option of completing service under state procedures or under federal rules. Court finds that one defendant waived or forfeited his "failure-to-serve" defense by not moving to dismiss the claims against him for over two years after the case was removed to federal court. Schmude v. Sheahan, 214 F.R.D. 487 (N.D. Ill. 2003). [N/R]
     The failure of the state attorney general to provide the address of a former correctional officer to a prisoner seeking to sue him for violating his federal civil rights by retaliating against him for filing grievances was "good cause" for the inmates' delay in obtaining service of process on the former officer. Clemons v. Soeltner, #02-2005, 62 Fed. Appx. 81 (6th Cir. 2003)..[N/R]