Clemons v. Brauer et al, No. 4:2017cv02739 - Document 14 (E.D. Mo. 2018)

Court Description: OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that, no later than fourteen (14) days from the date of this Order, plaintiff must show cause why defendants Ben Coleman and Nels C. Moss should not be dismissed from this action. Response to Court due by 10/24/2018. Signed by District Judge Henry Edward Autrey on 10/12/18. (CLA)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION REGINALD CLEMONS, Plaintiff, v. JOSEPH BRAUER, et al., Defendants. ) ) ) ) ) ) ) ) ) No. 4:17CV2739 HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court following the Office of the St. Louis City Counselor’s response to the Court’s Order dated October 9, 2018. The Counselor’s Office stated that the St. Louis Metropolitan Police Department has no record of ever employing defendant Ben Coleman. The Counselor’s Office also responded that defendant Nels C. Moss is deceased. The Court will require plaintiff to show cause why defendants Ben Coleman and Nels C. Moss should not be dismissed from this action under Rule 4(m) of the Federal Rules of Civil Procedure, which requires that service be completed within 120 days of the filing of the complaint. Accordingly, IT IS HEREBY ORDERED that, no later than fourteen (14) days from the date of this Order, plaintiff must show cause why defendants Ben Coleman and Nels C. Moss should not be dismissed from this action. Dated this 12th day of October, 2018. HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE