Lewis v. Kennemore et al

Filing 41

ORDER denying 39 Motion for Default Judgment; ORDER DIRECTING that Plaintiff provide the Court with a proper address for service on Defendant Julie Smith by 12/5/2017. Signed by Honorable Barry A. Bryant on November 21, 2017. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JERMAIN D. LEWIS v. PLAINTIFF Civil No.4:17-cv-04051 BRANDON KENNEMORE; JULIE SMITH; CARL FARMER, City of Ashdown Police Department; KIMBERLY GEISER STRUBE, City of Ashdown Police Department; and JOSEPH W. GOINGS, Little River Sheriff Department DEFENDANTS ORDER Before the Court is Plaintiff’s Motion for Default Judgment against Defendant Julie Smith. (ECF No. 39). On October 24, 2017, the summons issued to Defendant Smith was returned indicating she had not been served. ECF No. 21. However, an error was made and the entry on the Court’s docket indicated Defendant Smith had been served. On November 20, 2017, the error was corrected on the docket correctly noting that Defendant Smith has not been served. (ECF No. 40). Accordingly, Plaintiff’s Motion for Default Judgment (ECF No. 39) is DENIED. Plaintiff is given until December 5, 2017, to provide the Court with a proper address for service on Defendant Smith. Failure to provide a proper address for service will result in termination of Julie Smith as a defendant in this lawsuit. IT IS SO ORDERED this 21st day of December 2017. /s/ Barry A. Bryant________ HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE  

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