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Williams v. Bradley

April 16, 2007

DAVID WILLIAMS ADC #78730 PLAINTIFF
v.
ANTHONY BRADLEY, ET AL. DEFENDANTS



ORDER

Plaintiff, an inmate confined to the East Arkansas Regional Unit of the Arkansas Department of Correction ("ADC"), filed a pro se Complaint (#2) under 42 U.S.C. § 1983 on January 7, 2005. On February 26, 2007, following Court Order, Plaintiff identified one of the John Doe defendants as Tim Moncrief (#101). Service of Summons and Complaint was ordered upon Defendant Moncrief on March 19, 2007 (#106).

On April 5, 2007, Summons was returned unexecuted (#113) following attempts by the U. S. Marshal to serve Defendant Moncrief through the ADC and thereafter at Defendant's last-known address, since he apparently is no longer employed by the ADC.

It is the responsibility of a prisoner proceeding pro se and in forma pauperis in a § 1983 action to provide the Court and the U.S. Marshal Service with proper service addresses for defendants. Lee v. Armontrout, 991 F.2d 487, 489 (8th Cir. 1993). Plaintiff shall have sixty (60) days from the entry of this Order to: (1) use the discovery process set forth in Fed. R. Civ. P. 26 to 34 or otherwise ascertain a valid service address for Defendant Tim Moncrief; and (2) file a "Motion for Service" requesting that service be attempted upon him at that address. Plaintiff is hereby advised that the failure to timely and properly do so will result in Defendant Tim Moncrief's being dismissed, without prejudice, from this action. See Fed. R. Civ. P. 4(m) (providing that a Court may sua sponte dismiss a defendant if he or she is not served within 120 days of the filing of the complaint).

IT IS SO ORDERED this 16th day of April, 2007.

20070416

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