Hall v. University of Kentucky Hospital et al

Filing 28

OPINION ORDER: that this mater is DISMISSED WITHOUT PREJUDICE & STRICKEN from the court's docket. Signed by Judge Karen K. Caldwell on 6/22/16.(KJR)cc: COR, Hall (US Mail)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
AT LEXINGTON
DANNY O. HALL,

CIVIL ACTION NO. 15-cv-349-KKC

Plaintiff,
V.

OPINION & ORDER

UNIVERSITY OF KENTUCKY, et al.,
Defendants.

*** *** ***
Plaintiff Danny Hall, who is currently incarcerated at USP Canaan, Waymart,
Pennsylvania, filed a pro se civil complaint alleging state law medical malpractice claims.
(DE 1.) On December 15, 2015, this Court granted Danny Hall’s motion to proceed in forma
pauperis. (DE 5.) Because Hall was granted pauper status pursuant to 28 U.S.C. §
1915(a)(1), the Lexington Clerk’s Office was directed to issue summons for the named
defendants, and the United States Marshals Service (“USMS”) for the Eastern District of
Kentucky was directed to serve the named defendants with the summons and complaint on
Hall’s behalf. Fed. R. Civ. P. 4(c)(3); 28 U.S.C. § 1915(d).
Plaintiff has received two extensions to provide an address to serve Defendant Dr.
Charles Campbell after an initially unsuccessful attempt to serve him. (DE 15; DE 17.) The
Clerk of Court received an address from Plaintiff on April 28, 2016, and a service packet
was issued the same day. (DE 20–21.) Service has since been returned unexecuted. (DE 25.)
The April 25, 2016, deadline established by this Court’s last order granting an extension
has elapsed without Plaintiff providing a current address for Defendant Dr. Charles
Campbell. (DE 17.) Furthermore, the only Defendant that was properly served, University
of Kentucky Hospital, has been dismissed from this action. (DE 22.)

Accordingly, IT IS ORDERED that this matter is DISMISSED WITHOUT
PREJUDICE and STRICKEN from the Court’s active docket.
Dated June 22, 2016.

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