Butler v. Hubbard et al
ORDER re 11 23 Summons Returned Unexecuted on Roland Anderson. The plaintiff shall have one last opportunity in which to provide a current address for Roland Anderson within 30 days of the date of this Order. Signed by Magistrate Judge Jerome T. Kearney on 6/27/13. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES E. BUTLER,
CONNIE HUBBARD, et al.
Plaintiff originally filed this action on July 31, 2012 (Doc. No. 2). The Court notes that as
of this date, Defendant Roland Anderson has not been served, despite two attempts (Doc. Nos. 11,
23). 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...”
IT IS, THEREFORE, ORDERED that Plaintiff shall have one last opportunity in which to
provide a present address on Roland Anderson within thirty days of the date of this Order. Failure
to provide such or obtain service on Defendant Anderson shall result in his dismissal from Plaintiff’s
IT IS SO ORDERED this 27th day of June, 2013.
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
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