Lilly v. Norman et al

Filing 39

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff shall show cause why defendants Dr. Jarrod Flood and Debbie Judy should not be dismissed from this action without prejudice for lack of timely service. Show Cause Response due by 2/14/2013. Signed by District Judge Henry E. Autrey on 1/31/2013. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JAROD ALEXANDER LILLY,
Plaintiff,
v.
JEFF NORMAN, et al.,
Defendant.

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No. 1:11CV0088 HEA

MEMORANDUM AND ORDER
This matter is before the Court on its own motion. Plaintiff filed this action
on May 18, 2011, against ten defendants. For over a year, the Court has dealt
primarily with dismissing named defendants for plaintiff’s failure to bring a valid
claim, and for failure to prosecute altogether. At this time, two defendants –Dr.
Jarrod Flood and Debbie Judy– have not yet been served because plaintiff has not
provided the Court with their current addresses.
Rule 4(m) permits the Court to dismiss an action against a defendant
without prejudice if a defendant is not served within 120 days after a complaint is
filed. Plaintiff shall show cause within fourteen days of the date of this order why
these four defendants should not be dismissed under Rule 4(m). If plaintiff fails to
show adequate cause, the Court will dismiss these four defendants without
prejudice.

Accordingly,
IT IS HEREBY ORDERED that plaintiff shall show cause why defendants
Dr. Jarrod Flood and Debbie Judy should not be dismissed from this action
without prejudice for lack of timely service.
Dated this 31st day of January, 2013.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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