Harth v. Mississippi Department of Correction, et al

Filing 65

ORDER DENYING Plaintiff's Motion 49 to Reissue Process, DISMISSING with prejudice Defendant Officers Marvel Simpson and Ms. Payne. Signed by Magistrate Judge Roy Percy on 11/3/21. (cb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
KENNETH DWAYNE HARTH, SR.

PLAINTIFF

v.

No. 4:20CV47-RP

MISSISSIPPI DEPARTMENT
OF CORRECTIONS, ET AL.

DEFENDANTS

ORDER DENYING PLAINTIFF’S MOTION [49]
TO REISSUE PROCESS, DISMISSING WITHOUT PREJUDICE
DEFENDANT OFFICERS MARVEL SIMPSON AND MS. PAYNE
This matter comes before the court on the plaintiff’s motion [49] to reissue process as to
defendant Officers Marvel Simpson and Ms. Payne. The United States Marshal Service was unable
to locate these defendants with the information available to them, and the court ordered [43] the
plaintiff to provide valid mailing addresses for these defendants within 21 days. That deadline has
passed, and Mr. Harth has not done so. For this reason, the plaintiff’s motion [49] to reissue process
is DENIED, and defendants Marvel Simpson and Ms. Payne are DISMISSED without prejudice
from this suit for want of valid service of process.
SO ORDERED, this, the 3rd day of November, 2021.
/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE