Gillard v. Wilkerson et al

Filing 60

ORDER dismissing plaintiff's claims against Defendant Moore, without prejudice. Signed by Judge James M. Moody Jr. on 11/24/2014. (ks)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LEVESTER GILLARD, SR.,
ADC #92839
V.

PLAINTIFF

CASE NO. 5:14CV170-JM-BD

CONNIE WILKERSON, et al.

DEFENDANTS
ORDER

On May 1, 2014, Plaintiff Levester Gillard, Sr., an inmate at the Arkansas
Department of Correction (“ADC”), filed this case pro se under 42 U.S.C. § 1983.
(Docket entry #2) Mr. Gillard was granted in forma pauperis status on May 6, 2014, and
was allowed to proceed on a deliberate-indifference claim and a state law negligence
claim.
Service of summonses and complaints have been executed upon all Defendants
with the exception of Troy Moore, whom Mr. Gillard identifies as a unit physician who
provided medical services. The first summons to Mr. Moore, served in care of the ADC,
was returned unexecuted. (#24) The second summons to Mr. Moore, served in care of
his last-known mailing address, was returned unclaimed. (#39)
On July 29, 2014, Mr. Gillard was directed to obtain a valid service address for
Defendant Moore and to file a motion for service on or before October 28, 2014. Mr.
Gillard was warned that failure to comply with the Court’s order could result in the
dismissal of his claims against Defendant Moore. (#40) Mr. Gillard has failed to effect
service of process upon Mr. Moore, and the time for doing so has expired.

Because Mr. Gillard has failed to effect service of process upon Troy Moore, his
claims against Defendant Moore are DISMISSED, without prejudice, under Federal Rule
of Civil Procedure 4(m) and Local Rule 5.5(c)(2).
DATED this 24th day of November, 2014.

________________________________
UNITED STATES DISTRICT JUDGE

2