Amos v. Klemik et al

Filing 13

ORDER giving Notice of Fed. R. Civ. P. 4(m). Service of summons and complaint must be made by October 30, 2015 or this case will be dismissed. Signed by US Magistrate Judge Veronica L. Duffy on 10/5/2015. (CG)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
DARRIN TROY AMOS,

4:15-CV-04044-KES

Plaintiff,
ORDER
vs.
JOSHUA KLEMIK, UNIT MANAGER,
MDSP; TRAVIS TJEERDSMA, CASE
MANAGER, MDSP; TAMMY DEJONG,
UNIT COORDINATOR, MDSP; JIM
HALSEY, CULTURAL AFFAIRS
COORDINATOR (CAC), MDSP;
MICHAEL MEYER, CORRECTIONAL
OFFICER (CO), MDSP; SPAK, CO,
MDSP; MS. NIXON, CO, MDSP;
ROBERT DOOLEY, WARDEN, MDSP,
DIRECTOR OF PRISON OPERATIONS
FOR SD DOC; AND UNKNOWN
DEPARTMENT OF CORRECTIONS
STAFF,
Defendants.
Plaintiff Darrin Troy Amos filed this prisoner civil rights action on
January 30, 2015. On May 29, 2015, the court ordered Mr. Amos’ complaint
to be served. To-date, service has not been made on any of the defendants.
Further, mail sent to Mr. Amos has been returned by the post office as
undeliverable with the notation “released from S.D. Dept of Corr.” Mr. Amos
has not advised the court of his new address.

Plaintiff is advised of Federal Rule of Civil Procedure 4(m) which provides:
Time Limit for Service. 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. . . .
Accordingly, it is hereby
ORDERED that Mr. Amos is advised he shall have until October 30,
2015, to serve the summons, complaint, order for service, and this order upon
defendants. If service is not made by October 30, 2015, the case will be
dismissed without prejudice.
DATED this 5th day of October, 2015.
BY THE COURT:

VERONICA L. DUFFY
United States Magistrate Judge

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