Kimble v. Coffeeville Police Dept. et al

Filing 124

ORDER DENYING as MOOT 118 MOTION for Order to Show Cause filed by Tyrowone Louis Kimble; DISMISSING Officer Payne without prejudice; James Payne, Jr terminated.. Signed by Senior Judge Neal B. Biggers on 9/26/19. (jla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
TYROWONE LOUIS KIMBLE
V.

PLAINTIFF
CIVIL ACTION NO. 3:18-CV-00038-NBB-RP

COFFEEVILLE POLICE DEPT., et al.

DEFENDANTS

ORDER DISMISSING OFFICER PAYNE FOR FAILURE TO SERVE
On August 13, 2018, this Court ordered that process issue for Officer James Payne, Jr.,
and Officer Gage Vance. Doc. #25. On September 26, 2018, the summons of process was
returned reflecting that there was successful service on Officer Gage Vance, but Officer James
Payne, Jr., was unable to be located and was not served. Doc. #32. Since that time, Plaintiff has
continued to prosecute his case against Officer Vance but has filed no pleadings regarding
Officer Payne. On July 23, 2019, this Court entered an order directing Plaintiff to show cause
within thirty (30) days why his complaint against Officer Payne should not be dismissed
pursuant to F.R.C.P. 4(m). Doc. #108. Subsequently, on August 16, 2019, Plaintiff filed a
document entitled “Motion to Show Good Cause” in which he asserts that there are numerous
possible locations where Officer Payne may be located and served with process. Doc. #118.
Plaintiff, however, has not shown “good cause for the failure” to serve Officer Payne. See
F.R.C.P. 4(m). Accordingly, the court finds that Plaintiff’s complaint against Officer Payne
should be DISMISSED without prejudice, and that Plaintiff’s Motion to Show Good Cause
should be denied as moot.
SO ORDERED AND ADJUDGED this, the 26th day of September, 2019.
/s/ Neal Biggers
NEAL B. BIGGERS, JR.
UNITED STATES DISTRICT JUDGE