JPMorgan Chase Bank NA v. Mace et al

Filing 6

ORDER. This court will dismiss this action without prejudice ten days from the date of this Order if proof of service has not been filed within that time. Signed by Honorable R Bryan Harwell on 1/11/2013. (hcic, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION JP Morgan Chase Bank, NA, ) ) Plaintiff, ) ) vs. ) ) Russell W. Mace, III, and Nicole N. Mace, ) ) Defendants. ) ____________________________________) Civil Action No. 4:12-cv-02511-RBH ORDER This action was originally filed on August 31, 2012, and summonses were issued on the same date. However, the docket reflects no further activity on the case. The Federal Rules of Civil Procedure require a plaintiff to file proof of service of a defendant pursuant to Rule 4(l); however, as of the date of this Order the plaintiff has not filed such. It must be noted that pursuant to Fed.R.Civ.P. 4(m), service of the summons and complaint must be effected within 120 days after the filing of the complaint. If the plaintiff fails to comply within such time limitation, the court may on its own initiative dismiss the action after notice to the plaintiff. See Fed.R.Civ.P. 4(m); Local Rule 4.01. Therefore, this court hereby provides notice to the plaintiff that it will dismiss this action without prejudice ten days from the date of this Order if proof of service has not been filed within that time. IT IS SO ORDERED. s/ R. Bryan Harwell R. Bryan Harwell United States District Court Judge January 11, 2013 Florence, South Carolina 1