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Haltom v. Parks, 8:15-CV-428. (2018)

Court: District Court, D. Nebraska Number: infdco20180214e84 Visitors: 5
Filed: Feb. 13, 2018
Latest Update: Feb. 13, 2018
Summary: MEMORANDUM AND ORDER JOHN M. GERRARD , District Judge . Under Fed. R. Civ. P. 4(m), the Court may dismiss defendants not served within 90 days "on motion or on its own after notice to the plaintiff." Nine defendants in this case have not appeared and have not been served, over two years since it was filed: Christine Jones, Jane Prine, and seven unnamed defendants. See filing 6. No motion to dismiss has been made, so by rule, the plaintiff is entitled to notice. Accordingly, the Court wil
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MEMORANDUM AND ORDER

Under Fed. R. Civ. P. 4(m), the Court may dismiss defendants not served within 90 days "on motion or on its own after notice to the plaintiff." Nine defendants in this case have not appeared and have not been served, over two years since it was filed: Christine Jones, Jane Prine, and seven unnamed defendants. See filing 6.

No motion to dismiss has been made, so by rule, the plaintiff is entitled to notice. Accordingly, the Court will order the plaintiff to show cause, on or before February 28, 2018, why Jones, Prine, and the remaining unnamed defendants should not be dismissed, pursuant to Rule 4(m), for failure to serve process.

IT IS ORDERED:

1. The plaintiff is ordered to show cause, on or before February 28, 2018, why the remaining unserved defendants should not be dismissed, pursuant to Fed. R. Civ. P. 4(m), for failure to serve process. 2. The Clerk of the Court shall enter a show cause deadline of February 28, 2018.
Source:  Leagle

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