Nichols v. Kansas Department of Corrections

Filing 61

ORDER DISMISSING PARTY James Arnold (COII) and Michael Schmidling (Lt.). Signed by District Judge Julie A. Robinson on 2/10/2012.Mailed to pro se party Curtis Nichols, 460 Reveilly Trail, Apt 101, Lansing KS 66403 by certified mail ; Certified Tracking Number: 70101060000094210939(pp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
CURTIS NICHOLS,
Plaintiff,
vs.
MICHAEL SCHMIDLING and
JAMES ARNOLD,
Defendants.
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Case No. 10-2086-JAR

ORDER
Fed. R. Civ. P. 4(m) provides that, “[i]f 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 or order that service be made within a
specified time.” On January 3, 2012, Plaintiff Curtis Nichols was granted additional time to
obtain service on Defendants Michael Schmidling and James Arnold and was ordered to provide
the Marshals Service with the current location and address for Defendants within thirty (30) days
of the date of the Order, or February 3, 2012 (Doc 59), for the purpose of serving his amended
complaint. Plaintiff was advised that failure to do so would result in dismissal of the amended
complaint without further prior notice to Plaintiff. Plaintiff has not responded to the Order nor
provided Defendants’ current location and address and accordingly, this action is dismissed,
without prejudice, with respect to the above-named Defendants.
IT IS SO ORDERED.
Dated: February 10, 2012
S/ Julie A. Robinson
JULIE A. ROBINSON
UNITED STATES DISTRICT JUDGE