Wagner v. City of Saint Louis Department of Public Safety et al
MEMORANDUM OPINION IT IS HEREBY ORDERED that plaintiffs allegations against defendants Janice Fairless and Jazeall Brown are DISMISSED without prejudice. Jazeall Brown (Mailroom, Division of Corrections)and Janice Fairless (Mailroom, Division of Corrections) terminated. Signed by District Judge Audrey G. Fleissig on 5/1/13. (JWJ)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
BENJAMIN W. WAGNER,
CITY OF ST. LOUIS DEPARTMENT
OF PUBLIC SAFETY, et al.,
No. 4:12CV1901 AGF
MEMORANDUM AND ORDER
This matter is before the Court upon its own motion. On March 8, 2013, the
Court issued an order requiring plaintiff to provide it with addresses at which
defendants Janice Fairless and Jazeall Brown could be served within thirty (30) days
of the Court Order. Rule 4(m) of the Federal Rules of Civil Procedure states, “If a
defendant is not served within 120 days after the complaint is filed, the court—on
motion or on its own after notice to the plaintiff—must dismiss the action without
prejudice against that defendant.” Plaintiff has failed to provide the Court with the
addresses at which defendants Fairless and Brown may be served, and he has failed to
serve these defendants within 120 days of the filing of his complaint. As a result, the
Court will dismiss plaintiff’s allegations against defendants Fairless and Brown, without
IT IS HEREBY ORDERED that plaintiff’s allegations against defendants
Janice Fairless and Jazeall Brown are DISMISSED without prejudice.
Dated this 1st day of May, 2013.
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
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