Brown v. Mayflower, City of et al

Filing 38

ORDER dismissing without prejudice Defendant Jeremy Lance Hanson because over 120 days have passed since plaintiff filed her complaint, the court provided plaintiff an opportunity to provide an address for service, and Defendant has not been properly served. Signed by Judge Susan Webber Wright on 10/18/2016. (mef)

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

MELISSA BROWN
vs.

PLAINTIFF
Case No. 4:16cv00270 SWW-JTK

MAYFLOWER, CITY OF, et al.

DEFENDANTS
ORDER

Rule 4(m) provides that if the summons and complaint are not served upon a defendant
within 120 days after the filing of the complaint, the Court “shall dismiss the action without
prejudice . . . or direct that service be perfected within a specified time; provided that if the plaintiff
shows good cause for the failure, the court shall extend the time for service for an appropriate
period.”
All Defendants have been or are in the process of being served except for Jeremy Lance
Hanson, whose address has not been provided by Plaintiff. It is well established that an IFP plaintiff
must provide correct addresses for service to the Marshals Service. E.g., Lee v. Armontrout, 991
F.2d 487, 489 (8th Cir. 1993).
Because over 120 days have passed since plaintiff filed her complaint, and the court provided
plaintiff an opportunity to provide an address for service, Defendant Jeremy Lance Hanson has not
been properly served and is hereby dismissed without prejudice.
SO ORDERED this 18th day of October 2016.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE