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)

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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. 1 IT IS SO ORDERED this 2nd day of March, 2012. ______________________________________ JEROME T. KEARNEY UNITED STATES MAGISTRATE JUDGE 2

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