Avery v. Griffin

United States District Court for the Eastern District of Arkansas

Avery v. Griffin

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION ROBERT AVERY, PLAINTIFF ADC #652373 Vv. 4:22CV01068-BSM-JTK RORY GRIFFIN, et al. DEFENDANTS ORDER Defendant Jamie Parham, through counsel, has filed a Motion to Quash Service. (Doc. No. 18). For the reasons set out below, Defendant Parham’s Motion (Doc. No. 18) is GRANTED. Defendant Parham was served at a last known address. The record reflects that summons for Defendant Parham was delivered, but the signature card (under seal) fails to adequately show that Defendant Parham accepted service; the signature on the card does not read “Jamie Parham.” (Doc. No.9.) Accordingly, I find service on Defendant Parham is not in compliance with Federal Rule of Civil Procedure 4(e) and service on Defendant Parham is set aside. The Court notes that defense counsel has been unable to reach Defendant Parham at two telephone numbers, or by mail at the last known address to which service was sent. (Doc. No. 19). Plaintiff is directed to provide an address for service for Defendant Parham within thirty (30) days of the date of this Order. If he does not do so, his claims against Defendant Parham may be dismissed. LOCAL RULE 5.5(c); FED. R. Civ. P. 4(m); Lee v. Armontrout,

991 F.2d 487, 489

(8th Cir. 1993). IT IS SO ORDERED this 11™ day of January, x oO

JEROME T. KEARN UNITED STATES MAGISTRATE JUDGE

Reference

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