Smith v. Schwartz et al

Filing 20

ORDER: Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, the Court extends the time for service on Defendant Haul for thirty (30) days. Signed by Judge G. Patrick Murphy on 6/28/2011. (jhs)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
WILLIAM SMITH, IDOC # K55219,
Plaintiff,
vs.
HAUL AND OFFICER GALE,
Defendants.

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CIVIL NO. 10-721-GPM-DGW

MEMORANDUM AND ORDER
MURPHY, District Judge:
This action is before the Court for the purpose of docket control. As of today, Defendant
“Haul” has not been served. A waiver of service of process was returned unexecuted as to Defendant
Haul on June 23, 2011, with the notation that Pinckneyville Correctional Center is unable to
effectuate service as the defendant is unidentifiable because there is no one employed there with that
name (Doc. 19). Plaintiff has not provided any other information that could be used to serve
Defendant Haul. Accordingly, pursuant to Federal Rule of Civil Procedure 4(m), the Court extends
the time for service of Defendant Haul for 30 days (on or before Thursday, July 28, 2011). By this
date, Plaintiff must provide additional information to the Clerk of Court to identify this Defendant
so that process may be served upon him. If after the expiration of 30 days Defendant Haul is not
served or identified, Defendant Haul will be dismissed without prejudice from the action as
described in Federal Rule of Civil Procedure 4(m).
IT IS SO ORDERED.
DATED: June 28, 2011
/s/ G. Patrick Murphy
G. PATRICK MURPHY
United States District Judge