Bowden v. Corizon Inc et al

Filing 92

ORDER directing the Clerk to prepare summons for deft Wendy Sulfridge. The U.S. Marshal is directed to serve a copy of the summons and complaint on the deft without fees at the address provided under seal.. Signed by Magistrate Judge Jerome T. Kearney on 3/2/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOHN MICHAEL BOWDEN,
ADC #129677
v.

PLAINTIFF
5:11-cv-00250-JLH-JTK

CORIZON, INC., et al.

DEFENDANTS
ORDER

By Order dated October 3, 2011, this Court directed the issuance of summons and service
of Plaintiff’s Complaint on Defendants (Doc. No. 7). Summons was returned, unexecuted, with
respect to Defendant Sulfridge (originally identified as Sufferege) on October 31, 2011 (Doc. Nos.
16). Summons was re-issued on January 30, 2012, based on a last-known address provided by the
Defendants (Doc. No. 81). However, on February 29, 2012, summons was against returned,
unexecuted with respect to Defendant Sulfridge (Doc. No. 91). Included with the return and filed
under seal is Defendant’s last-known address. Id. Accordingly,
IT IS, THEREFORE, ORDERED that the Clerk of the Court shall prepare summons for the
Defendant Wendy Sulfridge. The United States Marshal is hereby directed to serve a copy of the
summons and Complaint (Doc. No. 2) on Defendant at the address provided under seal, without
prepayment of fees and costs or security therefore.
IT IS FURTHER ORDERED that this Order constitutes a warning, pursuant to FED.R.CIV.P.
4(m), which requires that a Defendant must be served within 120 days of the filing of the Complaint,
and after notice to the plaintiff, the Court “must dismiss the action without prejudice against that
Defendant or order that service be made within a specified time...”

If Plaintiff does not obtain

service on Defendant Sulfridge within thirty days of the date of this Order, she shall be dismissed
from his Complaint.
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IT IS SO ORDERED this 2nd day of March, 2012.

______________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

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