United States District Court, S.D. Mississippi, Southern Division
ORDER ADOPTING MAGISTRATE JUDGE'S  REPORT AND
RECOMMENDATION; DENYING PLAINTIFF'S  MOTION FOR
DEFAULT JUDGMENT; AND GIVING PLAINTIFF ONE FINAL OPPORTUNITY
TO PROPERLY SERVE DEFENDANTS
SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE.
matter comes before the Court on the Report and
Recommendation  of United States Magistrate Judge John C.
Gargiulo, entered in this case on May 17, 2017, and the
Motion for Default Judgment  filed by Plaintiff Jerry Lee
Darnell on February 16, 2017. Based upon the Magistrate
Judge's review of the record and relevant legal
authority, he recommended that Plaintiff's Motion for
Default Judgment  be denied, and that Plaintiff be given
one final opportunity to serve Defendants and file proofs of
such service. R. & R.  at 6. Should Plaintiff fail to
complete service of process within a time specified by the
Court, the Magistrate Judge recommended that unserved
Defendants be dismissed without prejudice and without further
notice to Plaintiff. Id. Plaintiff has not filed any
objection to the Report and Recommendation , and the time
for doing so has passed.
reasons that follow, the Court finds that the Report and
Recommendation  should be adopted in its entirety as the
finding of this Court, that Plaintiff's Motion  for
Default Judgment should be denied, and that Plaintiff should
be given one final opportunity to properly serve Defendants
and file proper proofs of such service with the Clerk of
Court, all in accordance with Federal Rule of Civil Procedure
4 and all on or before August 3, 2017. Plaintiff is warned
that should he fail to properly serve any Defendant or fail
to file a proper proof of service in the record as to any
Defendant by August 3, 2017, that Defendant will be dismissed
without prejudice, without further notice to Plaintiff.
Jerry Lee Darnell (“Plaintiff”) is an inmate
currently incarcerated with the Mississippi Department of
Corrections (“MDOC”) at Winston-Choctaw County
Regional Correctional Institution (“WCCRCF”) in
Louisville, Mississippi. On February 3, 2016, Plaintiff filed
a Complaint  alleging numerous violations of his
constitutional rights under 42 U.S.C. § 1983. The
Complaint named as Defendants Dr. Jaime Jimenez, Southern Eye
Center; Nurse Hardy; Dr. Ronald Woodall; Joseph Cooley,
Investigator II and Director of Administrative Remedy
Program; South Mississippi Correctional Institution
(“SMCI”); Latasha Clay, Legal Department; and
Officer Greene, Transport.
February 23, 2016, the Court denied Plaintiff leave to
proceed in forma pauperis, Order  at 2, and
Plaintiff paid the filing fee in full on March 17, 2016. On
March 18, 2016, the Clerk of Court sent Plaintiff a
Memorandum  explaining that he is responsible for service
of process upon Defendants pursuant to Federal Rule of Civil
Procedure 4 and enclosing a copy of Rule 4. Mem.  at 1.
April 8, 2016, the Clerk of Court issued Summonses for
Defendants Jimenez, Hardy, Woodall, Cooley, Clay, and Green.
On April 21, 2016, the Summonses were returned executed as to
those Defendants. See Proofs of Service  at 1-8; Proofs
of Service  at 1-4.
26, 2016, Plaintiff moved  for a Default Judgment against
Clay, Cooley, Green, Hardy, Jimenez, and Woodall. On October
17, 2016, the Court denied Plaintiff's Motion for Default
Judgment  and set aside the Clerk's Entry of Default.
Order  at 9. The Court directed Plaintiff to properly
serve Clay, Cooley, Green, Hardy, Jimenez, and Woodall in the
manner required by Rule 4 and to file the proper proofs of
service with the Clerk of Court, all by November 18, 2016.
Id. at 9-10. The Court warned Plaintiff that
should he fail to properly serve any of these Defendants
and/or fail to file proper notice of said service by November
18, 2016, any unserved Defendant may be dismissed without
prejudice without further notice to Plaintiff, unless
Plaintiff is able to show good cause for such failure.
Id. at 10 (emphasis in original). The Court directed
the Clerk of Court to mail a copy of its Order along with
summons forms to Plaintiff at his last known address.
November 17, 2016, Plaintiff filed a Motion for Extension of
Time to Serve Process . The Magistrate Judge granted
Plaintiff's Motion  in part and denied it in part,
see Nov. 18, 2016, Text Order, and ordered that
“Plaintiff's deadline to serve all defendants in
compliance with Federal Rule of Civil Procedure 4 and file
proof of such service is 12/9/2016. Plaintiff is reminded
that it is his responsibility to prosecute the case, ”
December 12, 2016, Plaintiff filed what he characterized as
“Proof of Service by certified mail for all Defendants
. . . .” Proof of Service  at 1. Plaintiff attached
United States Postal Service (“USPS”) production
and tracking information from USPS.com indicating that four
items had been mailed on November 15, 2016, via USPS
certified mail, and were received in Leakesville,
Mississippi, on November 16, 2016. Plaintiff also attached
signed certified mail receipts, which indicate that articles
addressed to “Kim Green, ” “Ronald Woodall,
MD, ” “Dr. Jaime Jimenez, ” “Joseph
Cooley, ” and “Kera D. Hardy” were
delivered, though not all were signed for by the addressee.
Proofs [36-2] at 1, 3, 5-6, 8. One addressed to
“Latasha Clay” was returned to sender.
Id. at 9.
December 19, 2016, Plaintiff sent a letter to the Clerk of
Court attaching alias Summonses which had been issued to each
Defendant. Letter  at 1. Plaintiff stated that
[t]he Court has the certified postal slips. I could not mail
anything from WCCRF certified mail. Tekeshia Jones will be
sending the Proof of Service forms because she mailed the