Moon v. Jordan et al

Filing 21

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendant Unknown Davis isDISMISSED from this action without prejudice. An Order of Partial Dismissal will be filed separately. Signed by District Judge Ronnie L. White on 12/7/2015. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
DARNELL WESLEY MOON,
Plaintiff,
v.

JOHN JORDAN, et al.,
Defendants,

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No. 1:15CV167 RLW

MEMORANDUM AND ORDER
This matter is before the Court on its own motion. On October 29, 2015, the
Court ordered plaintiff to provide it with sufficient information to serve defendant
Unknown Davis. Compliance was due no later than November 26, 2015. Plaintiff
has not complied with the Order. As a result, the Court will dismiss defendant
Davis without prejudice under Rule 4l(b) of the Federal Rules of Civil Procedure.
If plaintiff learns of Davis's full name and address for service during

discovery, he may file an amended complaint including Davis. Plaintiff is warned
that the filing of an amended complaint replaces the original complaint, and claims
that are not realleged are deemed abandoned.

E.g., In re Wireless Telephone

Federal Cost Recovery Fees Litigation, 396 F.3d 922, 928 (8th Cir. 2005).

Accordingly,

IT IS HEREBY ORDERED that defendant Unknown Davis is
DISMISSED from this action without prejudice.
An Order of Partial Dismissal will be filed separately.
Dated this

_2f!}_ Day of December, 2015.

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