Opinion
3:13CV00012 SWW/JTR
04-15-2013
DAVID M. CLARK, ADC #930765 PLAINTIFF v. TOMMY HUSTAFER, Jailer, Greene County Detention Center, et al. DEFENDANTS
ORDER
Plaintiff, David M. Clark, is a prisoner proceeding pro se in this § 1983 action. On March 28 and 29, 2013, the Court received two untitled documents, which the Clerk docketed as "Letters" from Plaintiff. See Docs. #27 and #28. After reading those documents, the Court concludes that they are more properly characterized as Plaintiff's Motion for Summary Judgment and a supporting Exhibit. The Court will direct the Clerk to redocket them accordingly.
On April 4, 2013, Defendants filed a Motion arguing that Defendant Felix has not been properly served. See Doc. #30. Plaintiff has thirty days to file a Response to that Motion.
IT IS THEREFORE ORDERED THAT:
1. The Clerk is directed to redocket Plaintiff's March 28, 2013 "Letter" (Doc. #27) as "Plaintiff's Motion for Summary Judgment" and his March 29, 2013 "Letter" (Doc. #28) as "Plaintiff's Supporting Exhibit."
2. Plaintiff must file, on or before May 10, 2013, a Response to Defendant's Motion to Set Aside Service on Felix (Doc. #30).
3. Plaintiff is advised that if he fails to timely and properly do so, Defendant Felix will be dismissed, without prejudice.
________________________________________
UNITED STATES MAGISTRATE JUDGE