Daniels v. Blair et al

Filing 44

ORDER directing plaintiff to provide a present address on Defendant Peterson within thirty days of the date of this Order. In accordance with Federal Rule of Civil Procedure 4(m), failure to obtain service shall result in the dismissal of Plaintiff's Complaint, without prejudice. Signed by Magistrate Judge Joe J. Volpe on 09/26/2012. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
MARCUS L. DANIELS,
ADC #118133
v.

PLAINTIFF
3:12-cv-00150-SWW-JJV

BLAIR, Sheriff of Crittenden County; et al.

DEFENDANTS
ORDER

Plaintiff filed this action on June 22, 2012 (Doc. No. 2). Defendant Lindsey Peterson has
not been served despite two attempts (Doc. Nos. 33, 40). Plaintiff is notified he must provide a
present address on Defendant Peterson within thirty days of the date of this Order. In accordance
with Federal Rule of Civil Procedure 4(m), failure to obtain service shall result in the dismissal of
Plaintiff’s Complaint, without prejudice.1
IT IS SO ORDERED this 26th day of September, 2012.

________________________________
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE

1

FED. R. CIV. P. 4(m) Time Limit for Service: “If a defendant is not served within 120 days
after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must
dismiss the action 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.”