Wagner v. City of Saint Louis Department of Public Safety et al, No. 4:2012cv01901 - Document 33 (E.D. Mo. 2013)
Court Description: MEMORANDUM OPINION IT IS HEREBY ORDERED that plaintiffs allegations against defendants Janice Fairless and Jazeall Brown are DISMISSED without prejudice. Jazeall Brown (Mailroom, Division of Corrections)and Janice Fairless (Mailroom, Division of Corrections) terminated. Signed by District Judge Audrey G. Fleissig on 5/1/13. (JWJ)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION BENJAMIN W. WAGNER, Plaintiff, v. CITY OF ST. LOUIS DEPARTMENT OF PUBLIC SAFETY, et al., Defendants. ) ) ) ) ) ) ) ) ) ) No. 4:12CV1901 AGF MEMORANDUM AND ORDER This matter is before the Court upon its own motion. On March 8, 2013, the Court issued an order requiring plaintiff to provide it with addresses at which defendants Janice Fairless and Jazeall Brown could be served within thirty (30) days of the Court Order. Rule 4(m) of the Federal Rules of Civil Procedure states, If a defendant is not served within 120 days after the complaint is filed, the court on motion or on its own after notice to the plaintiff must dismiss the action without prejudice against that defendant. Plaintiff has failed to provide the Court with the addresses at which defendants Fairless and Brown may be served, and he has failed to serve these defendants within 120 days of the filing of his complaint. As a result, the Court will dismiss plaintiff s allegations against defendants Fairless and Brown, without prejudice. Accordingly, IT IS HEREBY ORDERED that plaintiff s allegations against defendants Janice Fairless and Jazeall Brown are DISMISSED without prejudice. Dated this 1st day of May, 2013. AUDREY G. FLEISSIG UNITED STATES DISTRICT JUDGE -2-
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