Pritchett v. Wallace et al

Filing 24

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiff shall show cause no later than twenty-one days from the date of this Order why defendants Employee ID #109476, Unknown Hayes, Unknown Kircher, Unknown Kline, Unknown Reese, and Kenna Saddler should not be dismissed under Rule 4(m) without prejudice. Show Cause Response due by 12/10/2013. Signed by District Judge Stephen N. Limbaugh, Jr on 11/19/13. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
ERIC PRITCHETT,
Plaintiff,
v.
IAN WALLACE, et al.,
Defendants.

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No. 1:13CV100 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on its own motion. The Court has been unable
to serve process on defendants Employee ID #109476, Unknown Hayes, Unknown
Kircher, Unknown Kline, Unknown Reese, or Kenna Saddler. Under Rule 4(m) of
the Federal Rules of Civil Procedure, service must be completed within 120 days of
the filing of the complaint. If service is not timely completed, the Court is required
to dismiss the unserved parties. The complaint was filed on July 10, 2013, and the
120-day period expired on November 7, 2013. As a result, the Court will order
plaintiff to show cause why these defendants should not be dismissed without
prejudice. This dismissal would not prevent plaintiff from filing an amended
complaint at a later date that includes these defendants, as long as plaintiff provides
the Court enough information to serve process on them.
Accordingly,

IT IS HEREBY ORDERED that plaintiff shall show cause no later than
twenty-one days from the date of this Order why defendants Employee ID #109476,
Unknown Hayes, Unknown Kircher, Unknown Kline, Unknown Reese, and Kenna
Saddler should not be dismissed under Rule 4(m) without prejudice.
Dated this 19th day of November, 2013.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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