Pitts v. Thompson

United States District Court for the Eastern District of Arkansas

Pitts v. Thompson

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KENNETH RAY PITTS ADC #085938 PLAINTIFF

v. No. 5:19-cv-297-DPM

THOMPSON, Nurse DEFENDANT

ORDER On de novo review, the Court adopts Magistrate Judge Kearney’s recommendation, Doc. 82, and overrules Pitts’s objections, Doc. 85 & 88. FED. R. Civ. P. 72(b)(3)._ The Court has twice issued a summons for Nurse Thompson to be served through the Humphries, Odum & Eubanks law firm. Twice the summons has been returned with an explanation that Thompson is not a current employee of Correct Care Solutions. Doc. 27 & 69. Pitts hasn’t provided an alternative service address for Thompson; and it’s his responsibility to do so. Lee v. Armontrout,

991 F.2d 487, 489

(8th Cir. 1993) (per curiam). Further, his arguments about serving corporations do not apply because Thompson isanindividual. Doc. 87at2-5; FED.R.CIV.P.4(e). Pitts’s amended complaint will therefore be dismissed without prejudice. His pending motions are denied as moot. Doc. 58, 61, 78, 84 & 86-88.

So Ordered. [TAG Ao □□ _ D.P. Marshall Jr. United States District Judge ad unre 20~0

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Reference

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