Opinion
4:20CV106-JMV
07-07-2021
GREGORY K. ALLEN, JR. # 164049 PLAINTIFF v. M.S.P. WARDEN SIMON, ET AL. DEFENDANTS
ORDER DISMISSING DEFENDANTS “UNKNOWN WELL/WEBB” AND “SGT. MCKENELLY” WITHOUT PREJUDICE
JANE M. VIRDEN, UNITED STATES MAGISTRATE JUDGE
On June 3, 2021, the court issued an Order [33] requiring the plaintiff, within 21 days, to identify defendants “Unknown Wells/Webb” and “Sgt. McKenelly” because the Mississippi Department of Corrections could not identify these defendants with the information the plaintiff provided - and thus could not effect service of process on them. The court cautioned that “[f]ailure to do so will result in the dismissal of these defendants for inability to effect service of process.” Doc. 33. The plaintiff has not complied with the order, and the deadline for doing so expired on June 24, 2021. As such, defendants “Unknown Wells/Webb” and “Sgt. McKenelly” are DISMISSED from this suit without prejudice for inability to effect service of process.
SO ORDERED.