Ashford v. Washington et al

Filing 46

ORDER directing the Clerk of the Court to prepare summons for the defendant Ezell and the U.S. Marshal to serve a copy of the summons, original and amended complaints on deft at the address provided under seal without prepayment of costs therefor. Signed by Magistrate Judge Henry L. Jones, Jr on 3/4/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION CHARLES ASHFORD, ADC #133975 v. BOBBY WASHINGTON, et al. ORDER By Order dated February 19, 2010, this Court directed defendants to provide the lastknown address of defendant Ezell within ten days of the date of the Order (DE #41). Defendants have responded by providing an address under seal (DE #44). The Court will 5:09CV00272HLJ DEFENDANTS PLAINTIFF

direct service of summons at this address. However, pursuant to Fed.R.Civ.P. 4(m), failure to obtain service on defendant Ezell shall result in his dismissal from this complaint. Accordingly, IT IS, THEREFORE, ORDERED that the Clerk of the Court shall prepare summons for the defendant Ezell, and the United States Marshal is hereby directed to serve a copy of the summons and original and amended complaints (DE ##2, 5) on defendant at the address provided under seal, without prepayment of fees and costs or security therefore. IT IS SO ORDERED this 4th day of March, 2010.

______________________________ United States Magistrate Judge

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