Clark v. Hustafer et al

Filing 33

ORDER directing the Clerk to redocket 27 Plaintiff's "Letter" as "Plaintiff's Motion for Summary Judgment" and 28 "Letter" as "Plaintiff's Supporting Exhibit". Plaintiff must file on or befor e May 10, 2013, a Response to 30 Defendant's Motion to Set Aside Service on Felix. Plaintiff is advised that if he fails to timely and properly do so, Defendant Felix will be dismissed, without prejudice. Signed by Magistrate Judge J. Thomas Ray on 04/15/2013. (jak)

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

DAVID M. CLARK,
ADC #930765
V.

PLAINTIFF
3:13CV00012 SWW/JTR

TOMMY HUSTAFER, Jailer,
Greene County Detention Center, et al.

DEFENDANTS

ORDER
Plaintiff, David M. Clark, is a prisoner proceeding pro se in this § 1983 action.
On March 28 and 29, 2013, the Court received two untitled documents, which the
Clerk docketed as “Letters” from Plaintiff. See Docs. #27 and #28. After reading
those documents, the Court concludes that they are more properly characterized as
Plaintiff’s Motion for Summary Judgment and a supporting Exhibit. The Court will
direct the Clerk to redocket them accordingly.
On April 4, 2013, Defendants filed a Motion arguing that Defendant Felix has
not been properly served. See Doc. #30. Plaintiff has thirty days to file a Response
to that Motion.
IT IS THEREFORE ORDERED THAT:
1.

The Clerk is directed to redocket Plaintiff’s March 28, 2013 “Letter”

(Doc. #27) as “Plaintiff’s Motion for Summary Judgment” and his March 29, 2013

“Letter” (Doc. #28) as “Plaintiff’s Supporting Exhibit.”
2.

Plaintiff must file, on or before May 10, 2013, a Response to

Defendant’s Motion to Set Aside Service on Felix (Doc. #30).
3.

Plaintiff is advised that if he fails to timely and properly do so, Defendant

Felix will be dismissed, without prejudice.
Dated this 15th day of April, 2013.

UNITED STATES MAGISTRATE JUDGE

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