Ewell v. Kelly et al

Filing 32

ORDER directing plaintiff to provide a present address or obtain service on deft. Dr. Moore within 30 days of the date of this Order. 2 13 30 . Signed by Magistrate Judge Jerome T. Kearney on 1/13/14. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DAMONT EWELL,
ADC #109853
v.

PLAINTIFF
5:13CV00276-JTK

WENDY KELLY, et al.

DEFENDANTS
ORDER

Plaintiff originally filed this action on August 23, 2013 (Doc. No. 1). As of this date,
Defendant Dr. Moore has not been served, despite two attempts (Doc. Nos. 13, 30). 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...” Accordingly,
IT IS, THEREFORE, ORDERED that Plaintiff shall have one last opportunity in which to
provide a present address or obtain service on Defendant Dr. Moore within thirty days of the date
of this Order. Failure to provide such or obtain service on Defendant Moore shall result in his/her
dismissal from Plaintiff’s Complaint.
IT IS SO ORDERED this 13th day of January, 2014.

________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE