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, )

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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

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