Mayberry v. Lyman et al

Filing 4

ORDER OF DISMISSAL, this case is DISMISSED WITHOUT PREJUDICE. Signed by Judge J. Leon Holmes on 9/10/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
EDWARD EUGENE MAYBERRY, JR.
v.

PLAINTIFF

NO. 5:12CV00136 JLH/JTR

TANYA LYMAN, Correctional Officer,
Arkansas Department of Correction, et al.

DEFENDANTS

ORDER OF DISMISSAL
On April 18, 2012, Edward Mayberry, Jr.’s retained counsel filed a § 1983 complaint alleging
that defendants Lyman, McConnell, and Kitchens violated his constitutional rights. Mayberry did
not serve the defendants within 120 days of filing that complaint, as required by Fed. R. Civ. P. 4(m).
Accordingly, on August 21, 2012, the Court issued an order to show cause giving Mayberry fourteen
days to explain why this case should not be dismissed due to a lack of service. Mayberry did not
respond to the order to show cause or serve the defendants, and the time for doing so has expired.
Thus, this case is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED this 10th day of September, 2012.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE