Dixion v. Allen et al
Filing
26
ORDER directing Mr. Dixon to ascertain a valid service address for Defendant Davis and file a Motion for Service by September 21, 2015. Mr. Dixon may use the discovery process set forth in the Federal Rules of Civil Procedure, for example Rule 33, t o find Mr. Davis's address; or he may use other means. But, Mr. Dixon is warned that if he does not comply with this Order, claims against Defendant Davis will be dismissed, without prejudice. Mr. Dixon is further instructed not to file discovery requests or responses with the Court unless they are necessary to support a motion or response to a motion, or to comply with a court order. Signed by Magistrate Judge Beth Deere on 8/19/2015. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
DEMETRIUS DIXON,
ADC # 144746
V.
PLAINTIFF
Case No. 3:14CV00301 DPM/BD
MIKE ALLEN, et al.
DEFENDANTS
ORDER
The most recent summons issued to Defendant Davis and sent to an address under
seal has been returned to the court unexecuted. (Docket entry #25) A previous summons
was returned unexecuted by the Crittenden County Jail. (#9)
It is Mr. Dixon’s responsibility to provide the Court and the U.S. Marshal Service
with valid service addresses for Defendants. Lee v. Armontrout, 991 F.2d 487, 489 (8th
Cir. 1993). Mr. Dixon has until September 21, 2015, to ascertain a valid service address
for Defendant Davis and file a “Motion for Service,” so that service can once again be
attempted upon Defendant Davis. Mr. Dixon may use the discovery process set forth in
the Federal Rules of Civil Procedure, for example Rule 33, to find Mr. Davis’s address;
or he may use other means. But, Mr. Dixon is warned that if he does not comply with this
Order, claims against Defendant Davis will be dismissed, without prejudice. See Fed. R.
Civ. P. 4(m).
Mr. Dixon is further instructed not to file discovery requests or responses with the
Court unless they are necessary to support a motion or response to a motion, or to comply
with a court order. See Fed. R. Civ. P. 5(d).
IT IS SO ORDERED, this 19th day of August, 2015.
___________________________________
UNITED STATES MAGISTRATE JUDGE
2
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