Polston v. Mississippi County Health Services et al

Filing 14

ORDER dismissing without prejudice Defendant Dr. Troxel from this case. Signed by Judge Kristine G. Baker on 12/17/2014. (jak)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION DELMAR POLSTON v. PLAINTIFF Case No. 3:14-cv-00107-KGB-JTR MISSISSIPPI COUNTY HEALTH SERVICES, et al. DEFENDANTS ORDER On July 2, 2014, the Court ordered service for defendant Dr. Troxel (Dkt. No. 6). On August 5, 2014, that summons was returned unexecuted (Dkt. No. 10). Accordingly, on September 4, 2014, the Court ordered plaintiff Delmar Polston to provide an alternate address at which Dr. Troxel could be served within 30 days of that Order (Dkt. No. 12). Mr. Polston was cautioned that failure to provide an address would result in the dismissal of all claims against Dr. Troxel pursuant to Federal Rule of Civil Procedure 4(m). Rule 4(m) states: 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. More than 30 days have now passed since entry of the Court’s Order, and Mr. Polston has not provided an alternate address at which Dr. Troxel may be served. Accordingly, the Court finds it appropriate to dismiss without prejudice defendant Dr. Troxel. SO ORDERED this the 17th day of December, 2014. ________________________________ KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE

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?