Opinion
2:12CV00047 BSM/JTR
11-05-2012
DANNY LEE HOOPER, ADC #107609 PLAINTIFF v. JOHN DOES, unknown Medical Providers; and DR. ROLAND ANDERSON, Regional Medical Director DEFENDANTS
ORDER
On August 28, 2012, the Court entered an Order directing service on Defendant Anderson at his last known private mailing address. See docket entries #13. On October 1, 2012, the Court entered an Order explaining that service on Defendant Anderson at that private address was returned undeliverable. See docket entry #15. Accordingly, the Court gave Plaintiff thirty days to provide a service address for Defendant Anderson. Id.
Plaintiff has recently filed a Motion to asking the Court to "set aside" the August 28, 2012 and October 1, 2012 Orders. See docket entry #16. Although it is unclear, it appears that Plaintiff is actually seeking an extension, until December 13, 2012, to provide Defendant Anderson's service address because that is the date that he is required to file an Amended Complaint containing the full names of and service addresses for the John Doe Defendants. See docket entry #11.
This case has been pending since March 16, 2012. Thus, Plaintiff had until July 16, 2012 to serve each of the Defendants. See Fed. R. Civ. P. 4(m) (providing that a court may dismiss Defendants who are not served within 120 days of filing the complaint); Lee v. Armontrout, 991 F.2d 487, 489 (8th Cir. 1993) (explaining that it is the prisoner's responsibility to provide the court with proper service addresses for each of the defendants in a § 1983 action). Nevertheless, the Court granted Plaintiff an extension until October 31, 2012 (which is 229 days from the filing of the Complaint) to provide a valid service address for Defendant Anderson. Similarly, the Court granted Plaintiff an extension until December 13, 2012 (which is 272 days from the filing of the Complaint) to provide the names of and service addresses for the John Doe Defendants. The Court sees no valid reason to grant any further extensions.
IT IS THEREFORE ORDERED THAT Plaintiff's Motion to Set Aside Order (docket entry #16) is DENIED.
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UNITED STATES DISTRICT JUDGE