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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

MORRIS WEATHERSPOON, 

 Plaintiff, Case No. 14-cv-12789 

 Hon. Matthew F. Leitman 

v. 

GEORGE LNU, et al. 

 Defendants. 

_________________________________/ 

ORDER (1) OVERRULING PLAINTIFF’S OBJECTIONS (ECF #114); (2) 

ADOPTING THE MAGISTRATE JUDGE’S REPORT AND 

RECOMMENDATION (ECF #107) AS THE ORDER OF THE COURT; 

AND (3) DISMISSING WITHOUT PREJUDICE PLAINTIFF’S CLAIMS 

AGAINST DEFENDANT WOERN 

Plaintiff Morris Weatherspoon (“Weatherspoon”) is an inmate in the custody 

of the Michigan Department of Corrections (the “MDOC”). In this action, 

Weatherspoon alleges, among other things, that a Defendant he identifies only as 

“Woern” violated his Eighth and Fourteenth Amendment rights by acting with 

deliberate indifference to his medical needs. (See Compl., ECF #1 at ¶ 12, Pg. ID 

4.) The Court previously granted Weatherspoon’s request to proceed in forma 

pauperis and repeatedly directed him to provide an address for Woern at which the 

United States Marshals could serve Woern with the Complaint. (See, e.g., ECF 

#101.) The Court also directed the MDOC, on two separate occasions, to provide 

address information for Woern. (See, e.g., ECF ## 40, 88.) On December 21, 

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2015, the MDOC informed the Court that it no longer employed Woern and that it 

had “no address [for Woern] on file.” (ECF #98 at 1, Pg. ID 728.) 

On January 11, 2016, the Magistrate Judge ordered Weatherspoon to show 

cause why the Court should not dismiss his claims against Woern due to the 

inability to serve Woern with the Complaint (the “Show Cause Order”). (See ECF 

#101.) Weatherspoon responded to the Show Cause Order on January 29, 2016. 

(See ECF #104.) He argued that despite his inability to serve Woern, his claims 

against Woern should not be dismissed. (See id.) 

The Magistrate Judge has now issued a Report and Recommendation 

(“R&R”) in which he recommends that the Court dismiss the claims against Woern 

due to Weatherspoon’s inability to timely serve Woern with the Complaint. (See 

ECF # 107.) Weatherspoon has objected to the R&R. (See ECF #114.) He insists 

that the MDOC is intentionally withholding Woern’s address information in order 

to conceal Woern’s alleged misconduct. (See id.) 

Under Federal Rule of Civil Procedure 4(m), a district court must dismiss an 

action without prejudice if the plaintiff fails to properly serve a defendant within 

90 days of filing the complaint (and fails to establish good cause for the failure). 

Because Weatherspoon is proceeding in forma pauperis in this action (see ECF 

#4), he was required to provide a correct address to the United States Marshals to 

effectuate service on Defendant Woern. But Weatherspoon has failed to provide 

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the United States Marshals or the Court with a current address for Defendant 

Woern for over 18 months. And Weatherspoon has provided no evidence 

whatsoever that the MDOC has refused to provide Defendant Woern’s address as 

part of a cover up. Accordingly, IT IS HEREBY ORDERED that 

Weatherspoon’s objections (ECF #114) to the R&R are OVERRULED.

IT IS FURTHER ORDERED THAT the R&R (ECF #107) is ADOPTED

as the Order of the Court and that Weatherspoon’s claims against Woern are 

DISMISSED WITHOUT PREJUDICE. 

IT IS SO ORDERED. 

s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: March 30, 2016 

I hereby certify that a copy of the foregoing document was served upon the parties 

and/or counsel of record on March 30, 2016, by electronic means and/or ordinary 

mail. 

 s/Holly A. Monda 

 Case Manager 

 (313) 234-5113 

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