Mayberry v. Arkansas Department of Correction et al

Filing 8

ORDER OF PARTIAL DISMISSAL, defts Lymon, Kitchens, and McCormick are dismissed without prejudice due to lack of service; the Court certifies that an ifp appeal from this Order would not be taken in good faith. Signed by Chief Judge J. Leon Holmes on 4/19/11. (vjt)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION EDWARD EUGENE MAYBERRY, JR. v. PLAINTIFF No. 5:10CV00307 JLH/JTR ARKANSAS DEPARTMENT OF CORRECTION, et al. DEFENDANTS ORDER OF PARTIAL DISMISSAL Plaintiff, Edward Eugene Mayberry, Jr., is a prisoner in the Grimes Unit of the Arkansas Department of Correction (“ADC”). On October 21, 2010, his retained counsel filed a § 1983 Complaint alleging that Defendants ADC, ADC Director Ray Hobbs, Sergeant Lymon, Sergeant Kitchens, and Lieutenant McCormick violated Plaintiff’s constitutional rights while he was a prisoner in the Jefferson County Correctional Facility. See docket entry #1. On February 25, 2011, the Court granted Plaintiff an extension, until March 21, 2011, to serve Defendants. See docket entry #4. Thereafter, Plaintiff served only Defendants ADC and Hobbs. See docket entry #6. On March 31, 2001 the Court entered an Order giving Plaintiff fourteen days to show cause why Defendants Lymon, Kitchens, and McCormick should not be dismissed, without prejudice, due to lack of service. See docket entry #7; see also Fed. R. Civ. P. 4(m) (providing that: “If a defendant is not served within 120 days after the complaint is filed, the court – on motion or on its own after notice to the plaintiff – must dismiss the action without prejudice against that defendant”). As of the date of this Order of Partial Dismissal, Plaintiff has not responded to the Court’s March 31, 2011 Order to Show Cause or served Defendants Lymon, Kitchens, and McCormick. IT IS THEREFORE ORDERED THAT: 1. Defendants Lymon, Kitchens, and McCormick are DISMISSED, WITHOUT PREJUDICE, due to 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 April, 2011. UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?