Lilly v. Norman et al
MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that this action is dismissed, without prejudice for Plaintiff's failure to effectuate timely service of Defendants Dr. Jarrod Flood and Debbie Judy. Signed by District Judge Henry E. Autrey on 1/23/14. (MRS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
JARROD ALEXANDER LILLY,
JEFF NORMAN, et al.,
No. 1:11CV0088 HEA
OPINION, 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 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. On January 31, 2013, the Court
ordered Plaintiff to show cause why this matter should not be dismissed for failure
to comply with Rule 4(m) of the Federal Rules of Civil Procedure. Plaintiff has
failed to show cause.
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
IT IS HEREBY ORDERED that this action is dismissed, without prejudice for
Plaintiff’s failure to effectuate timely service of Defendants Dr. Jarrod Flood and
Dated this 23rd day of January, 2014.
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
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