IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
May 19, 2008
CEDRIC DUPREE, PLAINTIFF,
EARLY LASTER, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Herndon, Chief Judge
On August 17, 2007, the Court entered an Order (Doc. 204) granting defendant Phillip Biggerstaff's Motion to Set Aside Default Judgment (Doc. 198), finding that he was not personally served. Since the Court's Order, Plaintiff has failed to properly serve defendant Biggerstaff. This matter proceeded to a jury trial, beginning on May 5, 2008. During the trial, the parties both acknowledged that Biggerstaff had not been personally served and was therefore not a proper party to the trial proceedings. As of this date, Plaintiff has yet to show the Court he has personally served defendant Biggerstaff. Due to Plaintiff's failure to serve Biggerstaff within a reasonable time, especially in light of the fact that the remainder of Plaintiff's claims have already been decided by a jury and because Plaintiff fails to show good cause otherwise, the Court hereby DISMISSES WITH PREJUDICE Plaintiff's claims against defendant Phillip Biggerstaff. Judgment to enter accordingly.
IT IS SO ORDERED.
David R Herndon Chief Judge United States District Court
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