Mason v. Kelly et al

Filing 22

ORDER re 19 Summons Returned Unexecuted filed by Fredrick Mason providing addresses for defts Iona Wade and William Warren. The Clerk is directed to prepare summons and the U.S. Marshal is directed to serve a copy of the summons and Amended Com plaint on defts without prepayment of fees therefor. Plaintiff should provide additional identifying information or a last-known address for deft Cynthia Thompson as soon as possible, or risk having her dismissed for failure to serve. Signed by Magistrate Judge Jerome T. Kearney on 7/31/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
FREDRICK MASON,
ADC #109138
v.

PLAINTIFF
5:12-cv-00160-SWW-JTK

WENDY KELLEY, et al.

DEFENDANTS
ORDER

By Order dated June 15, 2012, this Court directed the issuance of summons and service of
Plaintiff’s Amended Complaint on Defendants (Doc. No. 8). Summons was returned, unexecuted,
with respect to Defendants Cynthia Thompson, Iona Wade, and William Warren on July 26, 2012
(Doc. Nos. 19-21).

Included with the returns for Defendants Wade and Warren, and filed under

seal, are memos containing their last-known addresses (Doc. Nos. 20-21). However, a memo
attached to the return for Defendant Cynthia Thompson states Defendants are unable to identify this
Defendant (Doc. No. 19). Accordingly,
IT IS, THEREFORE, ORDERED that the Clerk of the Court shall prepare summons for the
Defendants Iona Wade and William Warren, and the United States Marshal is hereby directed to
serve a copy of the summons and Amended Complaint (Doc. No. 6) on Defendants at the addresses
provided under seal, without prepayment of fees and costs or security therefore.
Plaintiff is hereby notified that FED.R.CIV.P. 4(m) requires that a Defendant 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...” Therefore, Plaintiff should provide additional identifying information or a last-known
address for Defendant Cynthia Thompson as soon as possible, or risk having her dismissed for

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failure to serve in accordance with Rule 4.
IT IS SO ORDERED this 31st day of July, 2012.

______________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

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