Austin v. Johnson
Filing
43
ORDER directing plaintiff to provide a present address on defts Johnson and Nelson within 30 days of the date of this Order. Signed by Magistrate Judge Jerome T. Kearney on 1/19/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
CEDRIC AUSTIN,
ADC #116669
v.
PLAINTIFF
4:11-cv-00601-SWW-JTK
CARL LYNN JOHNSON, et al.
DEFENDANTS
ORDER
Plaintiff originally filed this action on August 2, 2011 (Doc. No. 2). The Court notes that
as of this date, remaining Defendants Carl Lynn Johnson and Nelson have not been served (Doc.
Nos. 23, 24). According to FED.R.CIV.P. 4(m), a Defendant must be served within 120 days of the
filing of the Complaint, and after notice to the plaintiff, the Court “must dismiss the action without
prejudice against that Defendant or order that service be made within a specified time...”
Accordingly,
IT IS, THEREFORE, ORDERED that Plaintiff shall have one last opportunity in which to
provide a present address on Defendants Johnson and Nelson within thirty days of the date of this
Order. Failure to provide such or obtain service on these Defendants shall result in the dismissal of
Plaintiff’s Complaint, without prejudice.
IT IS SO ORDERED this 19th day of January, 2012.
________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
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