Williams v. Mitchell et al

Filing 39

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's request for the Court to serve process on one Terence or Terrence Miller [Doc. # 38 ] is DENIED at this time. Signed by Magistrate Judge Noelle C. Collins on 6/13/2018. (CLO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JARED MARTEL WILLIAMS,
Plaintiff,
v.
UNKNOWN MITCHELL, et al.,
Defendants.

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No. 4:17-CV-1282 NCC

MEMORANDUM AND ORDER
Before the Court is a letter from plaintiff, dated May 9, 2018, [Doc. #38], indicating that
he may know the first name of defendant Unknown Miller. Plaintiff appears to seek leave from
the Court for service of process on Mr. Miller.
On April 19, 2018, the Court ordered plaintiff to provide it with adequate information
regarding defendants Shawn Robinson, Tiffany Smith and Unknown Miller so that these
defendants could be served with process. Plaintiff failed to provide addresses for these
defendants or specific information relative to these defendants so that they could be served.
Thus, on May 2, 2018, defendants Robinson, Smith and Miller were dismissed from this action,
without prejudice, pursuant to Federal Rule of Civil Procedure 4(m).
In his letter, plaintiff states that Miller’s first name may be “Terence or Terrence.”
Plaintiff also states that Miller is “tall, bald and an older guy.” Plaintiff does not provide the
Court with an address at which Miller may be served.
At this time, plaintiff has not provided the Court with enough factual information to
allow plaintiff to add defendant Miller as a party to this action. Plaintiff may, however, wish to
use the information he believes he has relating to “Terence or Terrence Miller” to attempt to

exact discovery from defendants once discovery commences in this action.1 If plaintiff is able
to determine Mr. Miller’s proper name and address within the time for filing an amended
pleading in this action, he may seek leave from the Court to do so at that time.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s request for the Court to serve process on
one Terence or Terrence Miller [Doc. #38] is DENIED at this time.
Dated this 13th day of June, 2018.

/s/ Noelle C. Collins
NOELLE C. COLLINS
UNITED STATES MAGISTRATE JUDGE

1

Discovery will commence when a Case Management Order is entered in this case.
2