Kinstle v. Pickaway Correctional Institute et al

Filing 10

ORDER DISMISSING CASE. Signed by Judge Gregory L. Frost on 3/4/15. (kn)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

NICHOLAS J. KINSTLE,
Plaintiff,
Case No. 2:13-cv-1246
JUDGE GREGORY L. FROST
Magistrate Judge Terence P. Kemp

v.
PICKAWAY CORRECTIONAL
INSTITUTE, et al.,
Defendants.
ORDER

On March 5, 2014, the Magistrate Judge filed an Order warning Plaintiff that if he did not
take steps to effectuate service of his complaint by April 16, 2014, the case may be dismissed
without prejudice pursuant to Federal Rule of Civil procedure 4(m). (ECF No. 7, at Page ID #
485.) Plaintiff objected to that Order, and this Court denied those objections in an April 2, 2014
Order. (ECF No. 9.) That Order also provided that “[b]y April 16, 2014, Plaintiff must take the
steps necessary to permit the Marshal to serve the complaint.” (Id. at Page ID # 494.) Despite
the warning of possible dismissal, Plaintiff has failed to effectuate service of his complaint.
Accordingly, the Court DISMISSES this action WITHOUT PREJUDICE. The Clerk shall
enter judgment accordingly and terminate this action on the docket records of the United States
District Court for the Southern District of Ohio, Eastern Division.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE