Opinion
4:21-CV-00132-NBB-JMV
12-07-2021
CORDELLRA MCCALEY PLAINTIFF v. WARDEN SIMON, CAPTAIN MEEKS, and C/O BUDLEY DEFENDANTS
ORDER DIRECTING PLAINTIFF TO SUBMIT IDENTIFYING INFORMATION FOR DEFENDANT
JANE M. VIRDEN UNITED STATES MAGISTRATE JUDGE
On October 12, 2021, Plaintiff Cordellra McCaley, proceeding pro se, filed the instant civil rights action challenging the conditions of his confinement under 42 U.S.C. § 1983. Doc. # 1. In his complaint, Plaintiff named “C/O Budley” as one of the defendants in this action. See Id. The Court entered a Process and Scheduling Order on November 10, 2021, allowing Plaintiff's claims to proceed forward. Doc. # 10. Counsel for MDOC, however, recently notified the Court that he is unable to represent Defendant C/O Budley because “MDOC has no record of anyone matching the description of the defendant . . . having been employed by MDOC.” Doc. # 16. The instant action cannot proceed against Defendant C/O Budley until he has been served with process. Accordingly, Plaintiff is directed to provide the Court with Defendant C/O Budley's full name and last known address within twenty-one (21) days from the date of this order. Plaintiff's failure to do so will result in the dismissal of his claims against Defendant C/O Budley under Rule 41(b) of the Federal Rules of Civil Procedure.
SO ORDERED.