Williams v. Paxson et al

Filing 58

ORDER of Partial Dismissal dismissing defts Green and McKeever without prejudice, due to a lack of service and certifying that an ifp appeal from this Order would not be taken in good faith. Signed by Magistrate Judge J. Thomas Ray on 9/14/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION HAKIM MALIK WILLIAMS ADC #92994 V. KELLY PAXSON, Captain, Pulaski County Jail, et al. 4:09CV00060 JTR DEFENDANTS PLAINTIFF ORDER OF PARTIAL DISMISSAL1 Plaintiff commenced this pro se 1983 action on January 27, 2009. See docket entry #2. On June 17, 2009, the Court entered an Order giving Plaintiff sixty days to provide a valid service address for Defendant Bobby Green. See docket entry #50. Similarly, on July 1, 1009, the Court entered an Order giving Plaintiff sixty days to provide a valid service address for Defendant Emmanuel McKeever. See docket entry #55. In both Orders, the Court advised Plaintiff that Defendants Green and McKeever would be dismissed, without prejudice, if he failed to timely provide the requested service information. See Fed. R. Civ. P. 4(m) (providing that a Court may dismiss a defendant, sua sponte, if he or she is not served within 120 days of filing the Complaint). As of the date of this Order of Partial Dismissal, Plaintiff has failed to provide the Court with the requested service information, and the time for doing so has expired. IT IS THEREFORE ORDERED THAT: 1. Pursuant to Fed. R. Civ. P. 4(m), Defendants Green and McKeever are DISMISSED, WITHOUT PREJUDICE, due to a lack of service. On May 21, 2009, the parties consented to proceed before a United States Magistrate Judge. See docket entry #41. 1 2. The Court CERTIFIES, pursuant to 28 U.S.C. 1915(a)(3) that an in forma pauperis appeal from this Order of Partial Dismissal would not be taken in good faith. Dated this 14th day of September, 2009. UNITED STATES MAGISTRATE JUDGE

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