Crift v. Williams et al

Filing 20

ORDER giving pltf notice that unless he shows, within 14 days from the entry of this Order, good cause for his failure to serve Sheriff Cantrell, deft Cantrell will be dismissed from this action without prejudice. Signed by Chief Judge J. Leon Holmes on 4/12/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
LAWRENCE CRIFT, JR.
v.

PLAINTIFFS
No. 5:11CV00136 JLH

JASON WILLIAMS, Individually and in his
Official Capacity as Police Officer for the
City of McGehee; JOEY MOORE, Individually
and in his Official Capacity as Police Officer
for the City of McGehee; and WADE CANTRELL,
Individually and in his Official Capacity as
Sheriff of Desha County

DEFENDANTS

ORDER
This action was commenced by the filing of a complaint on May 25, 2011. Wade Cantrell,
individually and in his official capacity as Sheriff of Desha County, has not entered an appearance.
It does not appear from the docket that he has ever been served with summons and complaint.
Rule 4(m) of the Federal Rules of Civil Procedure provides:
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 or order that service be made within a specified time.
But if the plaintiff shows good cause for the failure, the court must extend the time
for service for an appropriate period.
Pursuant to Rule 4(m), the Court hereby gives notice that it will dismiss the action as to Wade
Cantrell, individually and in his official capacity as Sheriff of Desha County, without prejudice, unless
the plaintiff shows within fourteen days from the entry of this Order good cause for his failure to
serve Sheriff Cantrell.
IT IS SO ORDERED this 12th day of April, 2012.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE