Mullins v. City of Jackson et al

Filing 62

MEMORANDUM OPINION & ORDER: IT IS ORDERED that 51 MOTION to Dismiss for Lack of Jurisdiction by Oman W. Sandlin is DENIED. Signed by Judge Jennifer B Coffman on 11/19/09.(GLD)cc: COR and Terry Mullins. Modified to reflect mailing on pro se party on 11/19/2009 (GLD).

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION LEXINGTON

CIVIL ACTION NO. 08-286-JBC TERRY LEE MULLINS, V. MEMORANDUM OPINION AND ORDER DEFENDANTS. PLAINTIFF,

JOHN MARSHALL, ET AL.,

*********** This matter is before the court upon the motion to dismiss for lack of jurisdiction by Oman Sandlin. R. 51. The plaintiff, Terry Mullins, named Oman Sandlin as a defendant in his third amended complaint (R. 33), and later moved for Sandlin to be served (R. 57). Magistrate Judge James B. Todd denied the request for service (R. 59) because of Mullins's failure to allege that Sandlin was personally involved in any of the events complained of and because Mullins could not proceed on a respondeat superior theory of liability. Because Sandlin has not been served, he is not a party to this lawsuit and cannot be dismissed. See R. 33; Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 110 (1969)( "[A] court has no power to adjudicate a personal claim or obligation unless it has jurisdiction over the person of the defendant."). Accordingly, IT IS ORDERED that Sandlin's motion to dismiss is DENIED.

Signed on November 19, 2009