United States District Court, S.D. Mississippi, Southern Division
ORDER DISMISSING PLAINTIFF'S CLAIMS WITHOUT
SULEYMAN OZERDEN, UNITED STATES DISTRICT JUDGE
matter is before the Court sua sponte for case management
purposes pursuant to Federal Rule of Civil Procedure 4(m) and
due to Plaintiff Jerry Lee Darnell's failure to comply
with the Court's Orders to properly serve Defendants and
file Proofs of Service. After due consideration of the record
and relevant legal authority, the Court finds that
Plaintiff's claims against all Defendants should be
dismissed without prejudice.
Jerry Lee Darnell (“Plaintiff”) filed a pro se
Complaint  on February 3, 2016, pursuant to 42 U.S.C.
§ 1983. On February 23, 2016, the Court denied 
Plaintiff's application  to proceed in forma
pauperis and required him to pay the $400.00 filing fee
within 30 days. Plaintiff paid the filing fee to the Clerk of
Court on March 17, 2016.
March 18, 2016, the Clerk sent Plaintiff a Memorandum 
advising him that he “is responsible for service of
process pursuant to Rule 4 of the Federal Rules of Civil
Procedure.” Mem.  at 1. The Clerk supplied Plaintiff
with detailed instructions for issuing a summons and
explained that service in compliance with Federal Rule of
Civil Procedure 4 was required. Id. The Clerk warned
that if these steps were not taken, “this case may be
dismissed as provided for in the Federal Rules of Civil
Procedure.” Id. The Clerk enclosed a copy of
Rule 4 with the Memorandum to Plaintiff. Id.
April 8, 2016, Plaintiff caused Summonses to be issued for
Defendants Latasha Clay, Joseph Cooley, Unknown Green,
Unknown Hardy, Jaime Jimenez, and Ronald Woodall. Plaintiff
returned the Summonses as executed, but Plaintiff had signed
each Proof of Service as the process server. See
Proofs of Service , . On May 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
Id. at 10 (emphasis in original). The Court directed
the Clerk to mail a copy of its Order along with summons
forms to Plaintiff at his last known address. Id.
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 indicated 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 for
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
summons [sic] through the post-office certified mail for me.
Id. Proofs of Service  were filed on December
29, 2016. Each was signed by Tekeshia Jones, who averred that
she had “sent summons by certified mail.” Proofs
 at 1-5.
February 16, 2017, Plaintiff filed another Motion for Default
Judgment  which the Court denied on June 19, 2017, on
grounds that Plaintiff had not properly served Defendants in
accordance with ...