Jones v. Murphey

Background

The court stated that Defendant Reames had waived service. On March 16, 2026, it directed the United States Marshal to serve Defendants Esposti and Murphey at a location provided by Plaintiff Jimmie Earl Jones. The summonses for Esposti and Murphey were returned unexecuted on July 6, 2026, because neither defendant worked at that address.

The court explained that a plaintiff proceeding without paying filing fees may rely on the Marshal for service but must still help provide enough information to complete service. Jones’s Third Amended Complaint had been pending for more than 90 days. The court therefore stated that, absent good cause, the claims against unserved defendants were subject to dismissal without prejudice under Federal Rule of Civil Procedure 4(m).

Orders Concerning Service

Within 30 days of the order, Jones must either serve Esposti and Murphey or provide sufficient current location information for the Marshal to serve each defendant. If he does not comply, the court will dismiss the claims against Esposti and Murphey without prejudice under Rule 4(m). Because Reames waived service, the court ordered that Jones’s claims against Reames proceed.

Briefing Schedule and Discovery

The court changed the schedule for dispositive motions, meaning motions that could resolve the case or claims. No later than 90 days after the order, all served defendants—including Esposti and Murphey if Jones properly serves them within 30 days—must file a motion for summary judgment or another dispositive motion. The motions must include adequate factual support and records and incident reports related to the events at issue. If defendants believe the case cannot be resolved through such a motion, they must notify the court before the filing deadline.

Defendants must serve Jones with all court papers and provide the notices required when filing a summary-judgment motion or a motion to dismiss for failure to exhaust required administrative remedies. Jones’s opposition is due 28 days after service of the motion, and any reply is due 14 days after the opposition. The motions will be submitted when the reply is due, and no hearing will be held unless the court later orders one.

The parties may conduct discovery under the Federal Rules of Civil Procedure without seeking another court order. Jones must serve copies of his communications with the court on the defendants or their counsel. He also must keep the court informed of address changes; failure to do so or to prosecute the case could lead to dismissal under Rule 41(b).

Disposition and Classification

This is a procedural order concerning service, scheduling, and discovery. The court did not decide the underlying claims. It ordered further service attempts, set a conditional consequence of dismissal without prejudice for Esposti and Murphey, confirmed that the claims against Reames will proceed, and ordered the briefing schedule described above. Judge Noél Wise signed the order on September 1, 2026.