Holt v. USA et al

Filing 29

ORDER OF PARTIAL DISMISSAL the John Doe Defendants (1-10 - FCI - Forrest City) are dismissed without prejudice due to lack of service. Signed by Judge Susan Webber Wright on 9/5/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

RODNEY S. HOLT
V.

PLAINTIFF
2:11CV00180 SWW/JTR

UNITED STATES OF AMERICA, et al.

DEFENDANTS

ORDER OF PARTIAL DISMISSAL
On September 30, 2011, Plaintiff, who is represented by counsel, filed a
Complaint alleging that Defendants violated his Eighth Amendment rights and the
Federal Tort Claims Act when they failed to provide him with proper medical while
he was a prisoner in the Federal Correctional Institution located in Forrest City,
Arkansas. See docket entry #1.
On June 1, 2012, the Court issued an Order explaining that the John Doe
Defendants would be dismissed, without prejudice, if Plaintiff failed to name and
serve them on or before August 28, 2012. See docket entry #28. As of the date of
this Order of Partial Dismissal, Plaintiff has not named or served the John Doe
Defendants, and the time for doing so has expired. See Fed. R. Civ. P. 4(m)
(providing that defendants may be dismissed, without prejudice, if they are not served
within 120 days after the complaint is filed).

IT IS THEREFORE ORDERED THAT:
1.

The John Doe Defendants are DISMISSED, WITHOUT PREJUDICE,

due to a lack of service.
2.

The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in

forma pauperis appeal from this Order of Partial Dismissal would not be taken in
good faith.
Dated this 5th day of September 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE