Barbee v. Moore et al

Filing 25

ORDER adopting the Partial Recommended Disposition 21 ; granting defendant Austin's 15 Motion to Dismiss; all claims against defendant Austin are dismissed with prejudice; denying plaintiff's Motion for Service 24 ; plaintiff must provide the address for defendant Moore and file a motion for service by 5:00 p.m., Monday, 5/23/16. Signed by Judge Billy Roy Wilson on 3/8/16. (tjb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION SYLVESTER O. BARBEE, ADC #131311 VS. PLAINTIFF 5:15-CV-00381 BRW/BD TROY MOORE, et al. DEFENDANTS ORDER I have received a Partial Recommended Disposition (“Recommendation”) filed by Magistrate Judge Beth Deere. After careful review of the Recommendation, Plaintiff’s objections, and a de novo review of the record, I approve and adopt the Recommendation as my findings in all respects. Accordingly, the claims against Defendant Austin are DISMISSED, with prejudice. Plaintiff’s Motion for Service (Doc. No. 24) is DENIED, without prejudice. As set out in the February 22, 2016 Order,1 Plaintiff must use discovery or other means to obtain a valid address for Defendant Moore. He must provide this address to the Court and file a motion for service by 5 p.m., Monday, May 23, 2016. Failure to do so may result in dismissal of the case. IT IS SO ORDERED, this 8th day of March, 2016. /s/ Billy Roy Wilson UNITED STATES DISTRICT JUDGE 1 Doc. No. 20.

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