Washington v. State of Alabama Department of Corrections et al

Filing 17

OPINION AND ORDER: it is ORDERED that plf's claims against dft The DOC Riot Squad are dismissed without prejudice, and dft The DOC Riot Squad is terminated as a party to this action. Signed by Honorable Judge Myron H. Thompson on 4/10/2018. (alm, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
KARTELL WASHINGTON,

)
)
Plaintiff,
)
)
v.
)
)
STATE OF ALABAMA
)
DEPARTMENT OF CORRECTIONS, )
et al.,
)
)
Defendants.
)

CIVIL ACTION NO.
2:17cv764-MHT
(WO)

OPINION AND ORDER
Fed. R. Civ P. 4(m) states: “If a defendant is not
served within 90 days after the complaint is filed, the
court--on motion or on its

own after notice to the

plaintiff--must

action

dismiss

the

without

prejudice

against that defendant or order that service be made
within a specified time.

But, if the plaintiff shows

good cause for the failure, the court must extend the
time for service for an appropriate period.”
named

The

DOC

Riot

Squad

as

a

defendant

lawsuit, which was filed on November 7, 2017.

Plaintiff
in

this

After 90

days had passed without service of this defendant, the

United

States

plaintiff

to

Magistrate
show

Judge

cause,

by

entered
March

an

20,

order

for

2018,

why

defendant The DOC Riot Squad should not be dismissed
without prejudice from this action pursuant to Fed. R.
Civ. P. 4(m).

Plaintiff did not respond.

The court

therefore concludes that dismissal is appropriate.
***
Accordingly, it is ORDERED that plaintiff’s claims
against

defendant

The

DOC

Riot

Squad

are

dismissed

without prejudice, and defendant The DOC Riot Squad is
terminated as a party to this action.
This case is referred back to the United States
Magistrate Judge for further proceedings.
DONE, this the 10th day of April, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE