Moore v. Shipley et al

Filing 23

MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that defendants Derek Dickey, Movement Team Members 2-3-4-5 and Use of Force Operator are DISMISSED without prejudice. Signed by District Judge Catherine D. Perry on 02/19/2014. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ELIJAH WILLIAM MOORE,
Plaintiff,

DAVID SHIPLEY, et al.,
Defendants,

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No. 4:13CV1928 TCM

MEMORANDUM AND ORDER
This matter is before the Court on its own motion. The Court ordered
plaintiff to provide the Court with an address where defendant Derek Dickey could
be served no later than February 11, 2014. And the Court ordered plaintiff to show
cause why defendants Movement Team Members 2-3-4-5 and Use of Force
Operator should not be dismissed for lack of timely service no later than February
12, 2012. Plaintiff has not responded to either Order. As a result, the Court will
dismiss these defendants from the complaint, without prejudice, under Rule 4(m)
of the Federal Rules of Civil Procedure. It may be possible for plaintiff to add
these defendants back to the case during the discovery process.
Accordingly,

IT IS HEREBY ORDERED that defendants Derek Dickey, Movement
Team Members 2-3-4-5 and Use of Force Operator are DISMISSED without
prejudice.
A separate Order of Dismissal will be filed forthwith.
Dated this 19th day of February, 2014.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

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