Calhoun v. Corizon Correctional Health Care et al

Filing 39

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that plaintiff shall show cause, no later than February 9, 2015, why Archer should not be dismissed from this case. (See Full Order) Signed by District Judge Catherine D. Perry on 01/16/2015. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
MAJOR CALHOUN,
Plaintiff,
v.
CORIZON CORRECTIONAL HEALTH
CARE, et al.,
Defendant,

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No. 2:14 CV 88 CDP

MEMORANDUM AND ORDER
This matter is before me on the unexecuted summons of defendant Dr. Kendis Archer.
Defendant’s former employer, Corizon, Inc., provided the Court with defendant’s last-known
contact information, and the Court directed the Marshal’s Office to serve him with process. The
Marshal’s Office was unable to serve defendant, however, because he has moved out of state.
Under Rule 4(m) of the Federal Rules of Civil Procedure, if a defendant is not served
within 120 days of the filing of the complaint, the Court must dismiss the action against that
defendant. The 120-day period expired on January 2, 2015. Accordingly, the Court will direct
plaintiff to show cause why defendant Archer should not be dismissed from this action.
Accordingly,
IT IS HEREBY ORDERED that plaintiff shall show cause, no later than February 9,
2015, why Archer should not be dismissed from this case.
Dated this 16th day of January, 2015.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE