Hicks v. Jefferson Parish Sheriff Office et al

Filing 27

ORDER AND REASONS that pla's claims against dft Jimmy Brown are dismissed without prejudice for failure to prosecute. Signed by Magistrate Judge Michael North.(lag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
TYRONE HICKS

CIVIL ACTION

VERSUS

NUMBER: 13-0224

JEFFERSON PARISH SHERIFF’S
OFFICE, ET AL.

SECTION: "N"(5)

ORDER AND REASONS
This case came before the Court on April 30, 2014 at 11:00 a.m. pursuant to a call of
the docket directing Plaintiff to show cause why his claims against Defendant, Jimmy
Brown (“Brown”), should not be dismissed for failure to prosecute. (Rec. doc. 26). Earlier
on in this case, Plaintiff’s claims against Brown were dismissed without prejudice for that
reason under Rule 4(m), Fed. R. Civ. P., but Plaintiff was subsequently allowed to re-add
Brown as a Defendant on the belief that a proper service address for him had been
obtained. (Rec. docs. 13, 14, 18, 19). The Court further notes that the trial in this matter
was previously continued to afford Plaintiff additional time within which to locate and
effect service upon Brown. (Rec. docs. 22, 23). It has now been over fifteen months since
this lawsuit was filed and proof of service upon Brown is still lacking. Counsel for Plaintiff
having failed to show cause why service of process has not been effected upon Brown,

Plaintiff’s claims against said Defendant are hereby dismissed without prejudice for failure
to prosecute pursuant to Rule 4(m). See Redding v. Essex Crane Rental Corp. of Alabama,
752 F.2d 1077 (5th Cit. 1985).
Hello This is a Test
New Orleans, Louisiana, this 20th day of

May

, 2014.

MICHAEL B. NORTH
UNITED STATES MAGISTRATE JUDGE

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