Glaze v. Allen et al
ORDER giving Mr. Glaze one hundred and twenty days to use the discovery process to find valid addresses for Defendants Stone and Childers and to file a "Motion for Service". Mr. Glaze is instructed not to file discovery requests or discove ry responses with the Court unless they are necessary to support a motion or a response to a motion, or to comply with a Court order. The Clerk of Court is directed to prepare a summons for the City of West Memphis. The U.S. Marshal is directed to serve copies of the complaint, with any attachments, 2 and 8 , and a summons for this Defendant without requiring prepayment of fees and costs or security. Signed by Magistrate Judge Beth Deere on 10/14/2015. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CASE NO. 3:15-CV-00161 KGB/BD
MIKE ALLEN, et al.
Plaintiff Cedric Glaze, a pre-trial detainee housed at the Crittenden County
Detention Facility, filed this case pro se under 42 U.S.C. § 1983. (Docket entry #2)
Summonses were returned unexecuted as to Defendants Stone, Christy Childers, and the
City of West Memphis. (#25, #26, #27)
It is Mr. Glaze’s responsibility to provide the Court and the U.S. Marshal Service
with proper service addresses for Defendants Stone and Childers. Lee v. Armontrout, 991
F.2d 487, 489 (8th Cir. 1993). Thus, the Court will give Mr. Glaze one hundred and
twenty days to use the discovery process set forth in Federal Rule of Civil Procedure 33
(by serving Interrogatories on the Defendants or otherwise) to find valid addresses for
these two Defendants and to file a “Motion for Service,” requesting that service be again
attempted upon them. Mr. Glaze is warned that the failure to timely comply with this
Order will result in the dismissal of claims against Defendants Stone and Childers,
without prejudice. See Fed. R. Civ. P. 4(m).
Mr. Glaze is instructed not to file discovery requests or discovery 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).
The Clerk of Court is directed to prepare a summons for the City of West
Memphis. The United States Marshal is directed to serve copies of the Complaint, with
any attachments (#2, #8), and a summons for this Defendant without requiring
prepayment of fees and costs or security. Service for the City of West Memphis should
be through 205 South Redding Street, West Memphis, Arkansas 72301.
IT IS SO ORDERED, this 14th day of October, 2015.
UNITED STATES MAGISTRATE 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?