Negron v. Bickell et al

Filing 33

ORDER CONDITIONALLY GRANTING pltf's motion 29 for reconsideration of ct's order 26 of 10/26/14 & directing that by 5/30/14 cnsl for corrections defts shall FILE w/ this ct a NOTICE containing valid address for P.A. Resigno or stmt that the PA DOC does not have a valid address for P.A. Resigno. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 5/13/14. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

NATHANIEL NEGRON,
Plaintiff
v.
TABB BICKELL, et al.,
et al.,
Defendants

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CIVIL ACTION NO. 1:13-CV-1568
(Chief Judge Conner)

ORDER
AND NOW, this 13th day of May, 2014, upon consideration of plaintiff’s
motion (Doc. 29) for reconsideration of this Court’s Order (Doc. 26) of October 26,
2014, dismissing “P.A. Resigno” due to plaintiff’s failure to provide to the Court, on
or before October 9, 2013, a valid address for Resigno so as to effect service within
120 days after the filing of the complaint as required by Federal Rule of Civil
Procedure 4(m)1, and, according to plaintiff’s motion (Doc. 29, at 1-2), he notified the
Court in his brief in opposition to the corrections defendants’ motion to dismiss,
filed on October 1, 2013, that he was unable to obtain an address for Resigno and
requested that the information be sought from defendants based upon Resigno’s
working relationship with the Pennsylvania Department of Corrections (Doc. 22 at
6), it is hereby ORDERED that:

If a defendant is not served within 120 days after the complaint is filed, the
court–on motion or on its own after notice to the plaintiff–must dismiss the action
without prejudice against that defendant or order that service be made within a
specified time. But if the plaintiff shows good cause for the failure, the court must
extend the time for service for an appropriate period. FED. R. CIV. P. 4(m).
1

1.

Plaintiff’s motion (Doc. 29) is CONDITIONALLY GRANTED.

2.

On or before May 30, 2014, counsel for the corrections defendants shall
FILE, with this Court a NOTICE containing a valid address for “P.A.
Resigno” or a statement that the Pennsylvania Department of
Corrections does not have a valid address for “P.A. Resigno.”

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania