Gray v. Watson et al

Filing 33

ORDER re 1 Complaint Referred (42:1983) filed by De'Andre Gray. The Clerk is DIRECTED to terminate Sam Burdette as a Defendant in this case. Signed by Honorable Mark E. Ford on April 10, 2018. (hnc)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION DE’ ANDRE GRAY v. PLAINTIFF Civil No. 6:17-cv-06098 SHERIFF JASON WATSON, Clark County, Arkansas; JAIL ADMINISTRATOR DERRICK BARNES; JAILER ALEX BOLZ; JAILER LANE FUNDERBURK; and JAILER SAM (last name unknown); and ANDREW SAMUEL DEFENDANTS ORDER De’ Andre Gray filed this case pro se pursuant to 42 U.S.C. § 1983 on September 19, 2017. (ECF No. 1). Before the Court is the issue of attempted service on Defendant Jailer Sam Burdette, also known as Jailer Sam (last name unknown). On October 16, 2017, this Court ordered service on Defendants, including Jailer Sam Burdette, at the Clark County Detention Center. (ECF No. 11). On January 23, 2018, counsel for the Clark County Defendants notified the Court of the last known address for Defendant Sam Burdett under seal. (ECF No. 19). On January 24, 2018, the Court again attempted to serve Defendant Sam Burette at his last known address. (ECF No. 21). The summons issued to Defendant Sam Burdette was returned unexecuted on February 28, 2018. (ECF No. 23). It is Plaintiff’s responsibility to provide the Court with an address for proper service on all Defendants. See Lee v. Armontrout, 991 F.2d 487, 489 (8th Cir. 1993) (plaintiffs proceeding in forma pauperis are responsible for providing defendants’ addresses). Plaintiff has failed to provide an address for service on Defendant Sam Burdette. 1    Accordingly, the Clerk is DIRECTED to terminate Jailer Sam Burdette, also known as Jailer Sam, last name unknown, as a Defendant in this lawsuit. IT IS SO ORDERED this 10th day of April 2018. /s/ Mark E. Ford HON. MARK E. FORD UNITED STATES MAGISTRATE JUDGE  2   

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