Goeken v. Berryhill, 8:18CV320. (2018)
Court: District Court, D. Nebraska
Number: infdco20181019l82
Visitors: 3
Filed: Oct. 16, 2018
Latest Update: Oct. 16, 2018
Summary: ORDER TO SHOW CAUSE MICHAEL D. NELSON , Magistrate Judge . Federal Rule of Civil Procedure 4(m) provides, "If a defendant is not served within 90 days after the complaint is filed, the court — on motion or on its own after notice to the plaintiff — must dismiss the action without prejudice against that defendant or order that service be made within a specified time." Fed. R. Civ. P. 4(m). Plaintiff filed the Complaint on July 7, 2018. ( Filing No. 1 ). More than 90 days has elapsed sinc
Summary: ORDER TO SHOW CAUSE MICHAEL D. NELSON , Magistrate Judge . Federal Rule of Civil Procedure 4(m) provides, "If a defendant is not served within 90 days after the complaint is filed, the court — on motion or on its own after notice to the plaintiff — must dismiss the action without prejudice against that defendant or order that service be made within a specified time." Fed. R. Civ. P. 4(m). Plaintiff filed the Complaint on July 7, 2018. ( Filing No. 1 ). More than 90 days has elapsed since..
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ORDER TO SHOW CAUSE
MICHAEL D. NELSON, Magistrate Judge.
Federal Rule of Civil Procedure 4(m) provides, "If a defendant is not served within 90 days after the complaint is filed, the court — on motion or on its own after notice to the plaintiff — must dismiss the action without prejudice against that defendant or order that service be made within a specified time." Fed. R. Civ. P. 4(m).
Plaintiff filed the Complaint on July 7, 2018. (Filing No. 1). More than 90 days has elapsed since the Complaint was filed. Although Plaintiff requested and was issued summons, to date, Plaintiff has not filed any return of service indicating service on the defendant, a waiver of service has not been filed, and the defendant has not entered a voluntary appearance. Accordingly,
IT IS ORDERED that on or before October 26, 2018, Plaintiff shall file proof that it served the defendant within 90 days after the complaint was filed or otherwise show good cause why this court should extend the time for service for an appropriate period. Failure to comply with this order shall result in dismissal of this action pursuant to Federal Rule of Civil Procedure 4(m) without further notice.
Source: Leagle
