Dugas v. Doe

Filing 3

ORDER directing plaintiff to identify and serve a defendant, or show good cause why he cannot do so, by 9/28/12. Signed by Judge D. P. Marshall Jr. on 9/10/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

MICHAEL A. DUGAS

v.

PLAINTIFF

No. 4:12-cv-250-DPM

JOHN DOE #1

DEFENDANT
ORDER

Dugas has sued “John Doe #1,” alleging unauthorized use of various
accounts, such as a Facebook account, and unauthorized disclosure of private
information.

More than 120 days have elapsed since Dugas filed his

complaint, Document No. 1, in April 2012. Nothing has happened in the case.
Under these circumstances, Federal Rule of Civil Procedure 4(m) requires that
the Court either dismiss the action without prejudice or order that service be
made within a specified time. The Court will dismiss this action without
prejudice if Dugas does not identify and serve a defendant, or show good
cause why he cannot do so, by 28 September 2012. If he attempts to show
cause, Dugas must also explain how and when he proposes to identify John
Doe #1. Munz v. Parr, 758 F.2d 1254, 1257 (8th Cir. 1985). The case cannot just
sit. If the case goes forward, moreover, Dugas should be prepared to amend

and plead specific facts about the alleged disclosures and injuries.
Conclusory allegations will not suffice. Ashcroft v. Iqbal, 556 U.S. 662 (2009).
So Ordered.
________________________
D.P. Marshall Jr.
United States District Judge
10 September 2012

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