Authement v. Carl

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
TERRY PETER AUTHEMENT 	PLAINTIFF
v. 	Civil No. 6:24-cv-06068-SOH-CDC
CORPORAL MARK CARL 	DEFENDANT
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
This is a civil rights action filed pursuant to 42 U.S.C. § 1983. Pursuant to the provisions
of 28 U.S.C. § 636(b)(1) and (3), the Honorable Susan O. Hickey, United States District Judge,
referred this case to the undersigned for the purpose of making a Report and Recommendation.
Currently before the Court is the issue of service to Corporal Mark Carl.
Corporal Mark Carl is the sole remaining Defendant in this case. (ECF No. 33). Service
to him at the Arkansas Division of Correction (ADC) was returned unexecuted on August 13,
2025, indicating that Defendant Carl was no longer an ADC employee. (ECF No. 40). Defendant
Carl’s last known address was provided by the ADC as directed in the Service Order. 	(Id.).
Service was directed to that last known address on August 14, 2025. (ECF No. 41). Service to
that last known address was returned unexecuted on September 23, 2025. 	(ECF No. 46). 	The
return notes that it was unclaimed and there was no forwarding address. (Id.).
On September 24, 2025, the Court entered an Order advising Plaintiff of the unexecuted
summons and directing Plaintiff to provide another address for service to Defendant Carl. (ECF
No. 47). Plaintiff responded on October 27, 2025. In his Response, he listed an address for the
ADC. (ECF No. 55). On October 28, 2025, the Court entered a second Order directing Plaintiff
to provide an address to Defendant Carl. (ECF No. 57). The Order advised Plaintiff that Defendant
Carl was no longer an ADC employee, and service had already been attempted both at the ADC
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and at his last-known address. 	(Id.). 	Plaintiff filed a Response on November 3, 2025, again
providing the ADC address, requesting that this Court use the “address I have produced.” (ECF
No. 58). Plaintiff filed another related pleading on December 8, 2025. (ECF No. 59). Plaintiff
asks the Court to Order the ADC to provide the Court with additional information concerning
Defendant Carl, such as electronic mail and social media accounts, so that the Court can use that
information to locate Defendant Carl for service. (Id.).
The Court does not provide research services to any party in any case. 	It is the
responsibility of the Plaintiff to provide the Court with an address for proper service on the
Defendants. See Lee v. Armontrout, 991 F.2d 487, 489 (8th Cir. 1993). Service upon Defendant
Carl already has been attempted, both at the ADC and his last known address, without success.
Plaintiff has been given two opportunities to provide another address for service and has been
unable to do so. As Defendant Carl is the sole remaining Defendant in this case, and the Court has
been unable to serve him, it is appropriate to dismiss the case without prejudice pursuant to Federal
Rule of Procedure 4(m). Plaintiff is free to continue looking for valid service information and may
refile the case in the future if he locates additional information concerning the location of
Defendant Carl.
I. CONCLUSION
Accordingly, it is recommended that Plaintiff’s Amended Complaint (ECF No. 7) be
DISMISSED WITHOUT PREJUDICE.
Referral Status: This case should not remain referred because all matters have been
recommended for dismissal in this Report and Recommendation.
The parties have fourteen days from receipt of the Report and Recommendation in
which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely
objections may result in waiver of the right to appeal questions of fact. 	The parties are
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reminded that objections must be both timely and specific to trigger de novo review by the
district court.
RECOMMENDED this 14 th day of January 2026.
CHRISTY COMSTOCK
UNITED STATES MAGISTRATE JUDGE
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