Petty v. State of Missouri et al

Filing 12

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff shall cause service to be effected upon Defendant City of St. Louis no later than 90 days from the date of the filing of the Complaint. In absence of good cause shown, failure to timely s erve said Defendant City of St. Louis shall result in the dismissal of Plaintiff's claims as to said defendant without prejudice. IT IS FURTHER ORDERED that the Clerk of Court shall forward to Plaintiff with a copy of this Order: i) a file-stamped copy of the Complaint; ii) two (2) completed summons forms; and iii) a "Notice of Intent to Use Private Process Server" form. Signed by Magistrate Judge John M. Bodenhausen on 1/12/2018. (CAR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
WILLIAM E. PETTY,
Plaintiff,
vs.
STATE OF MISSOURI, et al.,
Defendants.

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Case No. 4:17-CV-2615 JMB

MEMORANDUM AND ORDER
This matter is before the Court upon Defendant City of St. Louis failing to waive service
by January 5, 2018. Because Plaintiff paid the full filing fee neither the Court nor the United
Sates Marshal Service performs service of process. Plaintiff is responsible for serving Defendant
City of St. Louis pursuant to Rule 4 of the Federal Rules of Civil Procedure.
Plaintiff must serve Defendant City of St. Louis with summons. To do so, Plaintiff must
submit to the Court for this defendant: i) a filed-stamped copy of his Complaint; ii) two (2)
completed summons forms (AO Form 440); and iii) two (2) completed ANotice of Intent to Use
Private Process Server@ forms. The ANotice of Intent to Use Private Process Server@ form must
include the name and address of the process server who will be effectuating service upon
Defendant City of St. Louis. Plaintiff must complete these forms and return them to the Clerk=s
Office. Once Plaintiff submits these forms, the Clerk=s Office will sign and seal his summons
and return them to him. The summons must then be served upon Defendant City of St. Louis by
a private process server, and return of service must be filed with the Court. Attached to this
Order are the necessary forms for service of the complaint by summons.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff shall cause service to be effected upon
Defendant City of St. Louis no later than 90 days from the date of the filing of the

Complaint. In absence of good cause shown, failure to timely serve said Defendant City of St.
Louis shall result in the dismissal of Plaintiff=s claims as to said defendant without prejudice.
IT IS FURTHER ORDERED that the Clerk of Court shall forward to Plaintiff with a
copy of this Order: i) a file-stamped copy of the Complaint; ii) two (2) completed summons
forms; and iii) a ANotice of Intent to Use Private Process Server@ form.

/s/ John M. Bodenhausen
UNITED STATES MAGISTRATE JUDGE
Dated this 12th day of January, 2018.

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