Opinion
2:20-cv-665-SPC-MRM
06-09-2021
SHERMYKAEL JENKINS, SR., Plaintiff, v. LEE COUNTY SHERIFF'S OFFICE, MICHELLE OLUBODE, KAREN HULETTE, FNU DAROSS, FNU MERCI, FNU SCADUTO, FNU MOSES, FNU GARDNER, FNU LEPE, FNU BRADY and FNU MOJICA, Defendants.
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SHERI POLSTER CHAPPELL, UNITED STATES DISTRICT JUDGE
Plaintiff Shermykael Jenkins, Sr.-a prisoner of the Florida Department of Corrections-filed this civil rights case on August 28, 2020. (Doc. 1). The Court granted Jenkins leave to proceed in forma pauperis and attempted to serve Defendants at the addresses he provided, including Olubode's presumed place of employment. The Court was unable to serve Olubode because she no longer worked there. On May 5, 2021, Magistrate Judge Mac R. McCoy ordered Jenkins to provide a current service address for Olubode on or before May 31, 2021. Judge McCoy warned, “If Jenkins fails to timely comply, the Court may dismiss Olubode without further notice.” (Doc. 51). Jenkins did not submit a new service address for Olubode or otherwise respond to Judge McCoy's Order.
Under Rule 4(m), a district court “must dismiss the action without prejudice…or order that service be made within a specific time” if the defendant has not been served within 120 days of filing the complaint. Fed. R. Civ. P. 4(m). A court must extent the time for service if the plaintiff shows “good cause” for the failure. Id. Jenkins has not shown good cause to extend the service deadline. The Court will thus dismiss Jenkins' claim against Olubode without prejudice under Rule 4(m). See Brown v. Davis, 656 Fed.Appx. 920, 921 (11th Cir. 2016) (affirming dismissal because the in forma pauperis plaintiff provided the wrong address for a defendant and did not attempt to remedy service).
Accordingly, it is now
ORDERED:
Plaintiff Shermykael Jenkins, Sr.'s claim against Defendant Michelle Olubode is DISMISSED without prejudice. The Clerk is DIRECTED to terminate Olubode as a party to this case.
DONE and ORDERED.