Mason v. Kelly et al

Filing 57

ORDER re 56 Summons Returned Unexecuted filed by Fredrick Mason. Defendant Cynthia Thomas will not be reinstated unless Plaintiff is able to provide a different last-known address for her. Signed by Magistrate Judge Jerome T. Kearney on 3/26/13. (kpr)

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

PLAINTIFF
5:12CV00160-SWW-JTK

WENDY KELLY, et al.

DEFENDANTS
ORDER

Plaintiff originally filed this action on May 3, 2012 (Doc. No. 2). Defendant Cynthia
Thomas (originally identified as Cynthia Thompson) was dismissed for failure to serve on October
12, 2012 (Doc. No. 38). Plaintiff later filed a Motion for Default, construed as a Motion for
Sanctions (Doc. No. 49), claiming that Defendants misled him about not knowing of her identity as
an employee. The Court denied Plaintiff’s Motion, but directed Defendants to continue to attempt
to discover Thomas’s last-known address (Doc. No. 53). Defendants then submitted a last-known
address under seal, and the Court directed the issuance of summons and service on Defendant on
February 27, 2013 (Doc. No. 54). The Court indicated that if the summons was returned executed,
Defendant Thomas would be re-instated as a party to this lawsuit. Id. However, summons was again
returned, unexecuted, on March 13, 2013 (Doc. No. 56). Therefore, Thomas will not be reinstated
as a Defendant unless Plaintiff is able to provide a different last-known address for Thomas which
results in the successful service on her of summons and the complaint.
IT IS SO ORDERED this 26th day of March, 2013.

________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE