Moon v. Pratte et al

Filing 33

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff shall cause service to be effected upon defendants Bradley Lott, Heather Garner, Karen Auners, Jerry Creamer, Jeffrey Burgert, Amy Walp and Walter Spitzmiller no later than August 21, 2015. In the absence of good cause shown, failure to timely serve said defendants shall result in the dismissal of the present action, without prejudice.. Signed by District Judge John A. Ross on 7/21/15. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DARNELL WESLY MOON,
Plaintiff,
v.
BARRON E. PRATTE, et al.,
Defendants.

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No. 4:13-CV-02570-JAR

MEMORANDUM AND ORDER
This matter is before the Court for examination pursuant to Rule 4(m), Federal Rules of
Civil Procedure.
Plaintiff, a detainee at Southeast Missouri Behavior Health Treatment Center, commenced
this action on December 24, 2013, naming several defendants as persons violating his rights under
Bivens v. Six Unknown Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971) and 42 U.S.C. §
1983. A review of the Court file shows that plaintiff, who paid the full filing fee in this action is
responsible for service of defendants. Plaintiff has not provided proof of service on defendants
Bradley Lott, Heather Garner, Karen Auners, Jerry Creamer, Jeffrey Burgert, Amy Walp and
Walter Spitzmiller. Under Rule 4(m) of the Federal Rules of Civil Procedure, the Court, after
notice to the plaintiff, is directed to dismiss an action against a defendant upon whom service has
not been made within 120 days after the filing of the complaint.
The Rule 4(m) period for service has already expired. Nonetheless, the Court will provide
plaintiff an additional thirty (30) days to serve defendants. If plaintiff fails to do so, the amended
complaint will be dismissed.
Accordingly,

IT IS HEREBY ORDERED that plaintiff shall cause service to be effected upon
defendants Bradley Lott, Heather Garner, Karen Auners, Jerry Creamer, Jeffrey Burgert, Amy
Walp and Walter Spitzmiller no later than August 21, 2015. In the absence of good cause shown,
failure to timely serve said defendants shall result in the dismissal of the present action, without
prejudice.
Dated this 21st day of July, 2015.

__________________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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