Baker v. Tennessee Department of Corrections et al

Filing 67

ORDER: By Memorandum and Order entered October 9, 2009 (Docket Entry Nos. 63 , 64 ), the Court accepted and approved the Report and Recommendation of the Magistrate Judge (Docket Entry No. 43 ), and the unserved Defendants were dismissed without p rejudice for failure to effect service. In its Order, the Court inadvertently omitted dismissing two individual Defendants. Accordingly, the Memorandum and Order (Docket Entry No. 63 , 64 ) are hereby modified to reflect that "James Smith and Robert Ball are hereby DISMISSED WITHOUT PREJUDICE for failure to effect service as required by Rule 4(m) of the Federal Rules of Civil Procedure." In all other respects, the Memorandum and Order (Docket Entry Nos. 63 , 64 ) shall remain in full force and effect. It is so ORDERED. Signed by Senior Judge Robert Echols on 11/6/09. (af)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION GARRY BAKER v. TENNESSEE DEPARTMENT OF CORRECTIONS AND NORTHWEST CORRECTIONAL FACILITY MEDICAL SERVICES UNIT, ET AL. ) ) ) ) ) ) ) )

NO. 3:08-1227 JUDGE ECHOLS

ORDER By Memorandum and Order entered October 9, 2009 (Docket Entry Nos. 63, 64), the Court accepted and approved the Report and Recommendation of the Magistrate Judge (Docket Entry No. 43), and the unserved Defendants were dismissed without prejudice for

failure to effect service.

In its Order, the Court inadvertently Accordingly, the

omitted dismissing two individual Defendants.

Memorandum and Order (Docket Entry No. 63, 64) are hereby modified to reflect that "James Smith and Robert Ball are hereby DISMISSED WITHOUT PREJUDICE for failure to effect service as required by Rule 4(m) of the Federal Rules of Civil Procedure." In all other

respects, the Memorandum and Order (Docket Entry Nos. 63, 64) shall remain in full force and effect. It is so ORDERED.

ROBERT L. ECHOLS UNITED STATES DISTRICT JUDGE