CABRERA v. DEPARTMENT OF NAVY, 4:12-CV-206-H. (2013)
Court: District Court, E.D. North Carolina
Number: infdco20130618c77
Visitors: 5
Filed: Jun. 17, 2013
Latest Update: Jun. 17, 2013
Summary: ORDER MALCOLM J. HOWARD, Senior District Judge. This matter is before the court on defendant's motion to dismiss plaintiff's complaint for failure to effect service within the time prescribed by Rule 4(m) of the Federal Rules of Civil Procedure, which motion was filed on March 26, 2013. Rule 4 (i) of the Federal Rules of Civil Procedure sets forth the manner in which service must be made upon the defendant in this action. Rule 4 (m) further provides that service must be made within 120 days af
Summary: ORDER MALCOLM J. HOWARD, Senior District Judge. This matter is before the court on defendant's motion to dismiss plaintiff's complaint for failure to effect service within the time prescribed by Rule 4(m) of the Federal Rules of Civil Procedure, which motion was filed on March 26, 2013. Rule 4 (i) of the Federal Rules of Civil Procedure sets forth the manner in which service must be made upon the defendant in this action. Rule 4 (m) further provides that service must be made within 120 days aft..
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ORDER
MALCOLM J. HOWARD, Senior District Judge.
This matter is before the court on defendant's motion to dismiss plaintiff's complaint for failure to effect service within the time prescribed by Rule 4(m) of the Federal Rules of Civil Procedure, which motion was filed on March 26, 2013. Rule 4 (i) of the Federal Rules of Civil Procedure sets forth the manner in which service must be made upon the defendant in this action. Rule 4 (m) further provides that service must be made within 120 days after the complaint is filed.
Defendant contends, and the court agrees, that plaintiff has not complied with the requirements for service of the defendant. Notice having been given to plaintiff of her noncompliance and plaintiff having failed to show good cause or request additional time to effect service, plaintiff's complaint is hereby DISMISSED WITHOUT PREJUDICE for failure to effect service within the time prescribed by Rule 4 (m) . The clerk is directed to close this case.
Source: Leagle
