Clark v. Ellis et al

Filing 43

ORDER directing the Clerk to prepare summons for the defts Bingham and Clark, and the U.S. is directed to serve a copy of the summons and Amended Complaint on defts without prepayment of costs therefor. The Plaintiff is ordered to notify the Court of the correct identity and last-known address of deft Harris within 10 days of the date of this Order. Signed by Magistrate Judge Jerome T. Kearney on 8/23/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
CHRISTOPHER S. CLARK,
ADC #147653
v.

PLAINTIFF
4:11-cv-00135-BSM-JTK

OFFICER ELLIS, et al.

DEFENDANTS
ORDER

By Order dated July 19, 2011, this Court granted the Motion to Set Aside Summons
Returned Executed, filed by Defendants Bingham, Clark and Harris (Doc. No. 35). By Order dated
August 3, 2011, the Court then directed Defendants to provide the last-known addresses of these
Defendants, under seal (Doc. No. 39). Defendants have now provided the last-known addresses of
Defendants Chris Bingham and Josh Clark under seal (Doc. No. 42). Defendants state, however,
that the White County Sheriff’s Office employment records do not reflect that Defendant Harris was
ever employed there. Accordingly,
IT IS, THEREFORE, ORDERED that the Clerk of the Court shall prepare summons for the
Defendants Bingham and Clark, and the United States Marshal is hereby directed to serve a copy
of the summons and Amended Complaint (Doc. No. 15) on Defendants at the addresses provided
under seal, without prepayment of fees and costs or security therefore.
IT IS FURTHER ORDERED that Plaintiff shall notify the Court of the correct identity and
last-known address of Defendant Harris within ten days of the date of this Order. Failure to provide
such shall result in the dismissal of Defendant Harris for failure to timely serve, pursuant to
FED.R.CIV.P. 4(m).

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IT IS SO ORDERED this 23rd day of August, 2011.

______________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

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