McEwing v. Shores et al

Filing 49

ORDER directing Plaintiff to provide an address at which M. Rowe may be served within 30 days of the date of this Order. Failure to do so will result in the dismissal of all claims against Defendant Rowe without prejudice. Signed by Magistrate Judge Joe J. Volpe on 5/31/2013. (srw)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ANDRE D. MCEWING,
ADC #116327
v.

PLAINTIFF

5:12CV00298-DPM-JJV

SHORES, Lt., Varner Unit, Arkansas
Department of Correction; et al.

DEFENDANTS
ORDER

On February 12, 2013, this Court directed service of the Summons, Complaint, and Amended
Complaints on all Defendants. (Doc. No. 23.) Summons was returned unexecuted for Defendant M.
Rowe who is not an employee of the Arkansas Department of Corrections. (Doc. No. 25.) The
Court then attempted to serve Defendant Rowe at Corizon Medical Services. (Doc. No. 42.) The
Summons was again returned unexecuted because Defendant Rowe is not listed as an employee of
Corizon. (Doc. No. 46.) The Court realizes Plaintiff is at a disadvantage in trying to locate M.
Rowe. However, Plaintiff is obligated to perfect service. FED. R. CIV. P. 4. Accordingly, Plaintiff
shall, within thirty (30) days of the date of this Order, provide an address at which M. Rowe may be
served. Failure to do so will result in the dismissal of all claims against Defendant Rowe without
prejudice. FED. R. CIV. P. 4(m).
DATED this 31st day of May, 2013.

JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE