Johnson v. West Virginia Division of Rehabilitative Services et al
ORDER dismissing Defendant Donna Ashworth WITHOUT PREJUDICE from this action. Signed by Judge Robert C. Chambers on 11/27/2017. (cc: counsel of record; any unrepresented parties) (jsa)
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
EUGENE M. JOHNSON,
CIVIL ACTION NO. 3:17-3656
WEST VIRGINIA DIVISION
OF REHABILITATIVE SERVICES,
WEST VIRGINIA DEPARTMENT
OF EDUCATION AND THE ARTS,
TERESA SWECKER, and
On October 20, 2017, this Court granted Plaintiff Eugene M. Johnson’s Motion for
Expansion of Time for Service as to Defendant Donna Ashworth. The Court extended the time for
service until November 2, 2017. As no proof of service was filed, this Court entered an Order on
November 9, 2017, giving Plaintiff ten days to demonstrate good cause for not serving Defendant
Ashworth with process. Plaintiff did not respond within the ten-day period, but filed a Response
on November 21, 2017.
In his Response, Plaintiff states he remains unable to locate Defendant Ashworth.
However, Plaintiff asserts that, although defense counsel denies knowing Defendant Ashworth’s
address or being authorized to accept service on her behalf, defense counsel has communicated
with her and she is aware of the Complaint. Therefore, Plaintiff argues Defendant Ashworth is not
prejudiced by lack of service, and this Court should direct her counsel to accept service on her
behalf or provide her address.
Plaintiff provides no authority for his request, and the Court is not inclined to
require defense counsel to take such actions. Accordingly, as Defendant Ashworth has not been
served, the Court DISMISSES her WITHOUT PREJUDICE from this action.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented parties.
November 27, 2017
ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE
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