Doyle v. Pollitt et al

Filing 31

ORDER denying 26 Motion for Service Receipts to be Admitted as Service Perfected. Plaintiff's claims are DISMISSED WITHOUT PREJUDICE with regards to Defendant Sheriff Jim Karnes. Signed by Judge Algenon L. Marbley on 05/07/2010. (cw)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION JERRY DOYLE, Plaintiff, vs. JUDGE WILLIAM POLLITT, et al., Defendants. ORDER On March 17, 2010, Plaintiff filed his Motion for Service Receipts to be Admitted as Service Perfected (Doc. 26). The Court had previously required Plaintiff to show cause for his failure to effect service and granted Plaintiff an extension to serve the remaining Defendants. The Court has reviewed Plaintiff's mail receipts and Plaintiff has failed to comply with Fed. R. of Civ. P. 4 and S.D. Ohio Civ. R. 4.2, which set forth the procedures for perfecting service through the mail. Accordingly, Plaintiff's Motion for Service Receipts to be Admitted as Service Perfected (Doc. 26) is DENIED. The issue of service is moot as to Defendants Marilyn Brown, Mary Jo Kilroy, Paula Brooks, and Don L. Brown who have filed a joint Motion to Dismiss. With regards to Defendant Sheriff Jim Karnes, Plaintiff's claims are DISMISSED without prejudice. May 5, 2010 s/Algenon L. Marbley Algenon L. Marbley United States District Judge Civil Action 2:08-cv-0761 Judge Marbley Magistrate Judge Deavers