Johnson v. Thomas et al

Filing 19

OPINION AND ORDER ADOPTING the Magistrate Judge's 11 Final Report and Recommendation. This action is hereby DISMISSED without prejudice. Signed by Judge Orinda D. Evans on 4/5/2018. (sap)

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APR 0 9 2018
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IN THE UNITED STATES DISTRIC.T Cl.J1.J.RJ·.~... 'j:."~.~
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FOR THE NORTHERN DISTRICT O~EORGI1\fp~
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PRISONER CIVIL RIGHTS
42 u.s.c. § 1983

MARTEZ ANTOINE JOHNSON,
Plaintiff,
v.

CIVIL ACTION NO.
l:l 7-CV-1855-0DE-LTW

OFFICER C. DA VIS,
Defendant.

ORDER
Plaintiff is a state prisoner who, prose, seeks relief under 42 U.S.C. § 1983.
(Doc. 1.) The Court screened Plaintiff's complaint and allowed his claim that
Defendant Officer C. Davis was deliberately indifferent to his safety at the DeKalb
County Jail to proceed. (Docs. 5, 8.)
On August 8, 2017, the Court sent Plaintiff forms for service of process on
Davis. (Doc. 8.) The Court directed Plaintiff to complete the forms and return them
within thirty days. (Id. at 5.) The Court warned Plaintiff that his failure to do so may
result in dismissal of this case. (Id.)
Three months passed, but Plaintiffdid not return the forms or request additional
time to do so. Thus, Magistrate Judge Walker issued a Report and Recommendation
("R&R") that this case be dismissed without prejudice for Plaintiff's failure to comply
with the Court's Order. (Doc. 11.)

A072A
(Rev.8/82)

In response to the R&R, Plaintiff sent the Court a letter that the Court construed
as a motion for an extension of time to comply. (Doc. 13.) Plaintiff stated that he did
not return the service forms because of his "lack of comprehension of the documents"
and his "failure to understand how [he] would serve the defendant." (Id.) Plaintiff
stated that he had spoken with lawyers and asked the Court to "allow [his] Attorney
to address this issue and any matters going forward." (Id.)
On December 13, 2017, the Court entered an Order granting Plaintiffs motion
for additional time to serve process. (Doc. 14.) The Court gave Plaintiff's counsel
thirty days to enter an appearance and either serve Defendant with process or provide
an address where the U.S. Marshals Service ("USMS") can serve him with process.
(Id.)

Despite that Order, counsel has not appeared for Plaintiff in this case and
Defendant has not been served with process. Plaintiff provided the DeKalb County
Sheriffs Office's address as the address for Defendant, and the Clerk sent a request
for waiver of service to Defendant at that address. (Doc. 15.) The waiver was not
returned, so the USMS attempted to serve Defendant at that address. (Doc. 18.) The
USMS did not find Defendant, learning that he resigned from the Dekalb County
Sheriffs Office in March 2016. (Id.)
2

AO 72A
(Rev.8/82)

Plaintiff did not comply with the Court's Order. Counsel has not appeared, and
Plaintiff has not provided an address at which Defendant can be located. The deadline
for compliance has passed.
Accordingly, the Court ADOPTS the R&R [11] as the opinion of the Court.
This action is DISMISSED WITHOUT PREJUDICE.

SO ORDERED this ._s-- day of April, 2018.

ORINDA D. EVANS
UNITED STATES DISTRICT JUDGE

3

AO 72A
(Rev.8/82)