Jones v. Earle, City of, Water and Sewage Works et al

Filing 4

ORDER directing Plaintiff Jones to either pay the $350 filing fee or file an IFP application that addresses the Court's ruling about owning his home by 28 February 2013. Further, Jones must file proof of valid service before 28, January 2013 or a motion to extend his time for service showing good cause, by 28 February 2013. If he does not, the Court must dismiss his complaint without prejudice. FED. R. CIV. P. 4(m). Signed by Judge D. P. Marshall Jr. on 02/13/2013. (jak)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION PLAINTIFF ROY LEE JONES v. No. 3:12-cv-227-DPM CITY OF EARLE WATER AND SEWAGE WORKS; DANNY CLARK, Manager, City of Earle Water and Sewage Works; and OTIS DAVIS, Mayor, City of Earle DEFENDANTS ORDER Jones filed a prose complaint alleging race discrimination by the Earle Water and Sewage Works and two employees. In October 2012, the Court denied without prejudice his motion to proceed in forma pauperis. Document No. 3. Nothing has happened since. If he wants to pursue this case, Jones must pay the $350 filing fee, or file an IFP application that addresses the Court's ruling about owning his home, by 28 February 2013. Not taking one of these steps will result in dismissal of the case without prejudice. There also appears to be a service problem. Sending the complaint by regular mail to Don Zimmerman, Document No. 2, at 4, does not comply with Federal Rule of Civil Procedure 4. Jones had 120 days to serve his complaint properly. FED. R. CIV. P. 4(m). That period ended, by the Court's count, on 28 January 2013. Jones must therefore file proof of valid service before 28 January 2013, or a motion to extend his time for service showing good cause, by February 28th. If he does not, the Court must dismiss his complaint without prejudice. FED. R. CIV. P. 4(m). So Ordered. -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?