Cox v. Payne
Cox v. Payne
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION DON MICHAEL COX PLAINTIFF ADC #165013 Vv. 3:22-cv-00275-KGB-JJV DEXTER PAYNE, Deputy Director, ADC; et al. DEFENDANTS ORDER Service on Defendant Barbara Penix through the Arkansas Division of Correction and her last known private mailing address has been unexecuted. (Docs. 10, 25.) Even though he is proceeding in forma pauperis and pro se, it is Plaintiff's responsibility to provide valid service information for Defendant Penix. See Lee v. Armontrout,
991 F.2d 487, 489(8th Cir. 1993). I will give Plaintiff thirty (30) days to do so. If he does not and Defendant Penix is not otherwise served in the time allowed, I will recommend he be dismissed without prejudice as a party to this lawsuit. See Fed. R. Civ. P. 4(m) (any defendant who is not served within ninety (90) days after the complaint is filed may be dismissed without prejudice). IT IS, THEREFORE, ORDERED that Plaintiff must file, within thirty (30) days of the date of this Order, a Motion for Service containing a valid service address for Defendant Penix. Dated this 31st day of March 2023. \ \ A JO PE UN STATES MAGISTRATE JUDGE
Reference
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