Evans v. Moore et al

Filing 22

DISMISSAL ORDER entered by Judge James E. Shadid on 8/2/2011. It is therefore ordered that Defendants Alan Kurt and Rhonda Moore are dismissed without prejudice pursuant to Federal Rules of Civil Procedure 4(m) for failure to provide timely service of process. (RK, ilcd)

E-FILED

Tuesday, 02 August, 2011 10:02:59 AM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
DERRICK EVANS,
Plaintiff,
v.

10-1431

RHONDA MOORE,
Defendants.
Order of Dismissal
On December 31, 2010, the Plaintiff filed his complaint pursuant to 42 U.S.C. §1983
against five Defendants from Illinois River Correctional Center including Dr. George
Castrovello, Dr. Vipin Shah, Rhonda Moore, and Nurses Foley and Allen Kurt. On March
14, 2011, the court noted that only one Defendant was in the case and reminded the Plaintiff
that he was responsible for service of process of all Defendants. See March 14, 2011 Text
Order.
On May 5, 2011, the court held a telephone hearing to check on the status of the
Defendants. The court then agreed to continue the hearing until June 23, 2011 to allow
more time for the Plaintiff to locate the Defendants. See May 5, 2011 Minute Entry.
On June 23, 2011, the court noted that all Defendants except Rhonda Moore and
Allen Kurt were now in the case. On its own motion, the court agreed to continue this case
until July 29, 2011 to allow one last opportunity for the Plaintiff to locate and serve these
individuals. The court noted that if the Plaintiff had not served these two individuals or
provided additional information concerning the correct names for both Defendants, the court
would dismiss them from the case without prejudice on July 29, 2011.
The Plaintiff has provided no further information and neither Defendant Allen nor
Defendant Moore have returned waiver of service forms.
IT IS THEREFORE ORDERED that Defendants Rhonda Moore and Allen
Kurt are dismissed without prejudice pursuant to Federal Rule of Civil Procedure
4(m) for failure to provide timely service of process.
Entered this 2nd Day of August, 2011.
s/James E. Shadid
JAMES E. SHADID
1

UNITED STATES DISTRICT JUDGE

2