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)

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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

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