Davis v. Hobbs

Filing 50

ORDER OF PARTIAL DISMISSAL, dismissing the Doe Defendants from this action without prejudice, due to lack of service. Signed by Judge Susan Webber Wright on 9/19/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION GREGORY DAVIS ADC #97816 V. PLAINTIFF 5:10CV00271 SWW/JTR DOES, Five Unknown Officers at the Tucker Maximum Security Unit; and JOHN GLASSCOCK, Lieutenant, Arkansas Department of Correction DEFENDANTS ORDER OF PARTIAL DISMISSAL Plaintiff, Gregory Davis, is a prisoner in the East Arkansas Regional Unit. On August 31, 2010, he filed a pro se § 1983 Complaint alleging that Defendant John Glasscock and five John Doe Defendants used excessive force against him while he was a prisoner in the Maximum Security Unit. See docket entry #2. On November 22, 2010, the Court entered an Order giving Plaintiff 120 days to file a Motion for Service providing the names of and addresses for the John Doe Defendants. See docket entry #10. Importantly, the Court advised Plaintiff that if he failed to timely and properly do so, the John Doe Defendants would be dismissed, without prejudice, pursuant to Fed. R. Civ. P. 4(m). Id. Thereafter, the Court granted Plaintiff an extension, until September 8, 2011, to file his Motion for Service. See docket entry #47. As of the date of this Order of Partial Dismissal, Plaintiff has failed to file his Motion for Service, and the time for doing so has expired. IT IS THEREFORE ORDERED THAT: 1. Pursuant to Fed. R. Civ. P. 4(m), the five John Doe Defendants are DISMISSED, WITHOUT PREJUDICE, due to a lack of service. 2. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order of Partial Dismissal would not be taken in good faith. Dated this 19th day of September, 2011. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE -2-

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