Scott v. Tally et al
ORDER directing Mr. Scott to ascertain the defendants' full names and valid service addresses and to file a "Motion for Service" by December 15, 2014. Mr. Scott is further warned 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. Signed by Magistrate Judge Beth Deere on 10/10/2014. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EDDIE SCOTT, JR.
TALLY, et al.
Summonses to Defendants Deputy Allen and Major Parson, in care of the Pulaski
County Detention Center, have been returned to the court unexecuted with notations that
the Detention Center is unable to identify these individuals with only the last names
provided. (Docket entries #14, #15)
It is Mr. Scott’s responsibility to provide the Court and the U.S. Marshal Service
with proper service addresses for Defendants. Lee v. Armontrout, 991 F.2d 487, 489 (8th
Cir. 1993). Thus, the Court will give Mr. Scott until December 15, 2014 to use the
discovery process set forth in Fed. R. Civ. P. 33 (by serving Interrogatories on the
Defendants or otherwise) to ascertain these defendants’ full names and valid service
addresses, and to file a “Motion for Service,” requesting that service be again attempted
upon Defendants Allen and Parson. Mr. Scott is warned that the failure to timely and
properly comply with this Order will result in the dismissal of claims against Defendants
Allen and Parson, without prejudice. See Fed. R. Civ. P. 4(m).
Mr. Scott is further warned 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).
IT IS SO ORDERED, this 10th day of October, 2014.
UNITED STATES MAGISTRATE JUDGE
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