Weathington v. Clark et al

Filing 45

ORDER dismissing Defendant Jonathan Brewer without prejudice, Jonathan Brewer (Correctional Officer, individual capacity) terminated.. Signed by Magistrate Judge David A. Sanders on 10/22/19. (jla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
JEROME WEATHINGTON
V.

PLAINTIFF
CIVIL ACTION NO. 4:17-CV-00020-DAS

DONOVAN CLARK, et al.

DEFENDANTS

ORDER DISMISSING DEFENDANT JONATHAN BREWER
WITHOUT PREJUDICE
On April 2, 2018, this Court ordered that process issue for Defendant Jonathan Brewer.
Doc. #27. On May 9, 2018, the summons was returned unexecuted, stating that certified mail
had been returned “unable to forward-discharged from probation.” Doc. #32. On May 31, 2018,
the Clerk of Court sent correspondence notifying Plaintiff that Defendant Brewer had not been
served with process. Doc. #34. Since that time, Plaintiff has taken no action to prosecute his
case as to Defendant Brewer. On September 19, 2019, this Court entered an order directing
Plaintiff to show cause within thirty (30) days why his complaint against Defendant Brewer
should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m). Doc. # 43. Plaintiff
has failed to respond and the deadline for compliance has passed. Accordingly, the Court finds
that Plaintiff’s complaint against Defendant Jonathan Brewer is hereby DISMISSED without
prejudice.
SO ORDERED this, the 22nd day of October, 2019.
/s/ David A. Sanders
DAVID A. SANDERS
UNITED STATES MAGISTRATE JUDGE