Yielding v. Correctional Medical Services et al

Filing 33

ORDER directing plaintiff to provide a present address on Arlene Moskovich within 30 days of the date of this Order. Signed by Magistrate Judge Jerome T. Kearney on 1/11/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
SHAWN YIELDING,
ADC #118018
v.

PLAINTIFF

5:11-cv-00261-SWW-JTK

CORRECTIONAL MEDICAL
SERVICES, et al.

DEFENDANTS
ORDER

Plaintiff originally filed this action on October 3, 2011 (Doc. No. 2). The Court notes that
as of this date, Defendant Arlene Moskovich has not been served, despite three attempts (Doc. Nos.
11, 26, 30). According to FED.R.CIV.P. 4(m), 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...”
Accordingly,
IT IS, THEREFORE, ORDERED that Plaintiff shall have one last opportunity in which to
provide a present address on Arlene Moskovich within thirty days of the date of this Order. Failure
to provide such or obtain service on Defendant Moskovich shall result in her dismissal from
Plaintiff’s Complaint.
IT IS SO ORDERED this 11th day of January, 2012.

________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE