Parker v. Stevenson et al

Filing 31

ORDER: Plaintiff is hereby directed to provide to the Clerk of Court, within twenty (20) days of this Order, an updated service form with information sufficient to identify Lt. Jackson should he desire to attempt service upon the named Defendant again. Signed by Magistrate Judge Kaymani D West on 12/16/2013. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Rodney Parker,
Plaintiff,
v.
Warden Stevenson, Maj Sutton, Cpt
Washington, Lt Jackson, Sgt Esterline, Sgt
JC Williams, Ofc Beckett, Ofc McCoy,
Ofc Suarez, Ofc Dooley, Nurse K
McCullough, Nurse Jane Doe

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C/A No.

5:13-cv-02795-TLW-KDW

ORDER

Defendants.

This is a 42 U.S.C. §1983 civil rights complaint. This court has previously directed that
the Complaint be served on all Defendants; however, the attempted service upon Defendant Lt
Jackson at Broad River Correctional Institution (“BRCI”), 4460 Broad River Road, Columbia,
SC 29210, by the United States Marshal’s Service was returned because Lt. Jackson was not
properly identified for service. See ECF No. 29.
Plaintiff’s attention is directed to Rule 4(m) of the Federal Rules of Civil Procedure,
which provides that unless a particular defendant is served within 120 days after the complaint is
filed, this court must dismiss an action without prejudice as to that particular defendant. Case
law interpreting Rule 4(m) or its predecessor has uniformly held that dismissal is mandatory
unless good cause is shown if a defendant is not served within 120 days. See, e.g., Epstein v.
White, No. 90 C 4641, 1991 WL 214152 (N.D. Ill. Oct. 18, 1991); cf. McMasters v. U. S., 260
F.3d 814 (7th Cir. 2001); Mid-Continent Wood Prods., Inc. v. Harris, 936 F.2d 297 (7th Cir.
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1991). However, the court may order that service be made within a specified time. See Rule
4(m), Fed. R. Civ. P.
Accordingly, Plaintiff is hereby directed to provide to the Clerk of Court, within twenty
(20) days of the date of this Order, an updated service form with information sufficient to
identify Lt. Jackson should he desire to attempt service upon the named Defendant again. Such
information may include Lt. Jackson’s first name, race, sex, approximate height and weight,
other identifying marks, and/or what area or unit Lt. Jackson worked in at BRCI at the time of
the incident in question. A blank summons form and a USM-285 form are attached to this Order
for Plaintiff’s use.
IT IS SO ORDERED.

December 16, 2013
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge

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