DAVIS v. COMMUNITY HOSPITAL EAST et al

Filing 53

ENTRY Dismissing Action and Directing Entry of Final Judgment: All claims against all parties have been resolved. The claims against Community Hospital East are dismissed with prejudice. The claims against Jason Wilson are dismissed without prejudice. Judgment consistent with this Entry shall now issue ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge Jane Magnus-Stinson on 5/22/2015. Copy sent via US Mail.(DW)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
KEVIN S. DAVIS,
Plaintiff,
v.
COMMUNITY HOSPITAL EAST,
DEPUTY JASON WILSON,
Defendants.

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Case No. 1:14-cv-497-JMS-TAB

Entry Dismissing Action and Directing Entry of Final Judgment
I.
A.
Federal claims against Community Hospital East (“CHE”) have been dismissed. The
plaintiff has not identified any claim against CHE under Indiana state law. No claims against
CHE remain for resolution.
B.
The plaintiff was given through February 16, 2015 in which to supply an address at which
defendant Wilson could be served with process. The plaintiff failed to do so. He was given a further
period of time, through April 23, 2015 in which to do so. He has again failed to do so, noting only
that there are several people with the name Jason Wilson. While that may be, it has been the
plaintiff’s responsibility from the outset to supply sufficient information from which the Jason
Wilson he has sued in this lawsuit can be served with process. Lee v. Armontrout, 991 F.2d 487,
489 (8th Cir. 1993) (“While in forma pauperis plaintiffs should not be penalized for a marshal's

failure to obtain proper service, it was [the plaintiff's] responsibility to provide proper addresses
for service on [the defendants].”), cert. denied, 510 U.S. 875 (1993). Because the plaintiff has
failed to do so after a prolonged period of having been on notice of his obligation to do so, the
claims against Jason Wilson are dismissed without prejudice. See Fed.R.Civ.P. 4(m) (“If a
defendant is not served within 120 days after the complaint is filed, the court-on motion or on its
own after notice to the plaintiff must dismiss the action without prejudice against that defendant
. . .”).
II.
All claims against all parties have been resolved. The claims against Community Hospital
East are dismissed with prejudice. The claims against Jason Wilson are dismissed without
prejudice. Judgment consistent with this Entry shall now issue.
IT IS SO ORDERED.

Date: _____________________
05/22/2015
Distribution:
KEVIN S. DAVIS
5917 Village Plaza South Dr
Indianapolis, IN 46219
Electronically Registered Counsel