Barrett v. Diesel Power Transport Inc. et al

Filing 12

MEMORANDUM OPINION AND ORDER: Unless plaintiff provides the court with proof of service within seven (7) days of this Memorandum Opinion and Order, the court will dismiss this action without prejudice due to plaintiff's failure to provide proof of service and failure to make service. Signed by Senior Judge David A. Faber on 8/28/2018. (cc: counsel of record and any unrepresented parties) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD

OLIVE BARRETT,
Plaintiff,
v.

CIVIL ACTION NO. 1:17-04161

DIESEL POWER TRANSPORT, INC.
and WILLIAM ROBERT MAYES,
Defendants.

MEMORANDUM OPINION AND ORDER

Pursuant to the court’s May 7, 2018 Order, plaintiff was
required to provide the court with good cause regarding his
failure to serve defendants.
respond to the court’s order.

ECF No. 9.

Plaintiff failed to

Furthermore, while the Clerk of

this court did receive a response from defendant, William Hayes,
plaintiff has failed to comply with Rule 4(l) of the Federal
Rules of Civil Procedure, wherein a plaintiff is required to
provide proof of service to the court.

Accordingly, unless

plaintiff provides the court with proof of service within seven
(7) days of this Memorandum Opinion and Order, the court will
dismiss this action without prejudice due to plaintiff’s failure
to provide proof of service and failure to make service.

The Clerk is directed to send this Memorandum Opinion and
Order to counsel or record and any unrepresented parties.
IT IS SO ORDERED this 28th day of August, 2018.
ENTER:
David A. Faber
Senior United States District Judge

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