Johnson v. West Virginia Division of Rehabilitative Services et al

Filing 25

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION EUGENE M. JOHNSON, Plaintiff, v. CIVIL ACTION NO. 3:17-3656 WEST VIRGINIA DIVISION OF REHABILITATIVE SERVICES, WEST VIRGINIA DEPARTMENT OF EDUCATION AND THE ARTS, DONNA ASHWORTH, GENTRY CLINE, TERESA SWECKER, and TERESA HAER, Defendants. ORDER 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. ENTER: November 27, 2017 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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