Hooper v. Corizon Inc et al
ORDER denying 16 Plaintiff's Motion to Set Aside Order. Signed by Magistrate Judge J. Thomas Ray on 11/05/2012. (kcs)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
DANNY LEE HOOPER,
JOHN DOES, unknown
Medical Providers; and
DR. ROLAND ANDERSON,
Regional Medical Director
On August 28, 2012, the Court entered an Order directing service on Defendant
Anderson at his last known private mailing address. See docket entries #13. On
October 1, 2012, the Court entered an Order explaining that service on Defendant
Anderson at that private address was returned undeliverable. See docket entry #15.
Accordingly, the Court gave Plaintiff thirty days to provide a service address for
Defendant Anderson. Id.
Plaintiff has recently filed a Motion to asking the Court to “set aside” the
August 28, 2012 and October 1, 2012 Orders. See docket entry #16. Although it is
unclear, it appears that Plaintiff is actually seeking an extension, until December 13,
2012, to provide Defendant Anderson’s service address because that is the date that
he is required to file an Amended Complaint containing the full names of and service
addresses for the John Doe Defendants. See docket entry #11.
This case has been pending since March 16, 2012. Thus, Plaintiff had until July
16, 2012 to serve each of the Defendants. See Fed. R. Civ. P. 4(m) (providing that a
court may dismiss Defendants who are not served within 120 days of filing the
complaint); Lee v. Armontrout, 991 F.2d 487, 489 (8th Cir. 1993) (explaining that it
is the prisoner’s responsibility to provide the court with proper service addresses for
each of the defendants in a § 1983 action). Nevertheless, the Court granted Plaintiff
an extension until October 31, 2012 (which is 229 days from the filing of the
Complaint) to provide a valid service address for Defendant Anderson. Similarly, the
Court granted Plaintiff an extension until December 13, 2012 (which is 272 days from
the filing of the Complaint) to provide the names of and service addresses for the John
Doe Defendants. The Court sees no valid reason to grant any further extensions.
IT IS THEREFORE ORDERED THAT Plaintiff’s Motion to Set Aside Order
(docket entry #16) is DENIED.
Dated this 5th day of November, 2012.
UNITED STATES MAGISTRATE JUDGE
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