Garrison et al v. White et al
ORDER notifying pltfs that the Court will dismiss all claims against the John Doe defts without prejudice, unless they file objections within five days from the entry of this Order. Signed by Judge Susan Webber Wright on 10/4/11. (vjt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
KENNETH GARRISON, JR. and
RONNIE WHITE, individually and in
his official capacity as Sheriff of Phillips
County, and JOHN DOES 1 and 2,
NO: 2:11CV00061 SWW
Plaintiffs filed this action under 28 U.S.C. § 1983, alleging among other things that
Defendants deprived them of liberty without due process. Before the Court is the parties’ joint
motion to dismiss. The parties advise the Court that they have entered a settlement agreement,
which requires that Plaintiffs’ claims against Defendant White be dismissed with prejudice.
The parties’ motion does not reference John Does 1 and 2, who were named as
defendants but never identified or served. Pursuant to Federal Rule of Civil Procedure 4(m),1
Plaintiffs are hereby notified that the Court will dismiss all claims against the John Doe
Federal Rule of Civil Procedure 4(m) provides:
If service of the summons and complaint is not made within 120 days after the filing
of the complaint, the court, upon motion or on its own initiative after notice to the
plaintiff, shall dismiss the action without prejudice as to that defendant or direct that
service be effected within a specified time; provided that if the plaintiff shows good
cause for the failure, the court shall extend the time for service for an appropriate
defendants, without prejudice, unless otherwise advised. Plaintiffs have up to and including five
days from the entry of this order in which to object to the Court’s proposed course of action.
IT IS SO ORDERED THIS 4th DAY OF OCTOBER, 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
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