Berrian v. Jones, et al.
Filing
91
ORDER dismissing the action against Rachel Garner and Raymond Lankford ONLY without prejudice. (Written Opinion). Signed by Judge Joan N. Ericksen on March 20, 2012. (slf) cc: Jane Doe/Clarice Lankford Modified on 3/20/2012 (jam).
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Bernard Berrian,
Plaintiff,
v.
Civil No. 11-38 (JNE/JSM)
ORDER
Ronald R. Jones, Jane Doe, AKA Clarice
Lankford, Clinton Killian, Rachel Garner,
and Raymond Lankford,
Defendants.
Bernard Berrian first named Rachel Garner and Raymond Lankford as defendants in the
Second Amended Complaint, which was filed on October 19, 2011. More than 120 days later,
the Court noted that neither Garner nor Lankford had been served. Accordingly, the Court
ordered Berrian to show cause why the action against Garner and Lankford should not be
dismissed without prejudice. See Fed. R. Civ. P. 4(m); Carmona v. Ross, 376 F.3d 829, 830 (8th
Cir. 2004) (per curiam). Berrian responded that he “does not oppose dismissal without prejudice
as to Rachel Garner and Pastor Raymond Lankford.” The Court dismisses the action against
them without prejudice.
Based on the files, records, and proceedings herein, and for the reasons stated above, IT
IS ORDERED THAT:
1.
The action against Rachel Garner and Raymond Lankford is DISMISSED
WITHOUT PREJUDICE.
Dated: March 20, 2012
s/ Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge
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