Stevens v. Buckner et al

Filing 27

OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 3/7/2017. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
MEREDITH GARRARD STEVENS,
Plaintiff,
v.
NANCY BUCKNER, in her
personal and individual
capacity and in her
official capacity as
Commissioner of the
Alabama Department of
Human Resources; et al.,
Defendants.

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CIVIL ACTION NO.
2:16cv456-MHT
(WO)

OPINION
Plaintiff

Meredith

Garrard

Stevens

filed

the

complaint in this matter on June 20, 2016, naming four
individuals
defendants
Dynasty

as

defendants.

were

Simmons,

served,
was

While

the

never

three

remaining

served;

the

of

the

defendant,
summons

and

complaint were returned unexecuted.
Federal Rule of Civil Procedure 4(m) states: “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.

But, if the

plaintiff shows good cause for the failure, the court
must extend the time for service for an appropriate
period.”
On September 26, 2016, citing Rule 4(m), the United
States Magistrate Judge entered an order that Stevens
show cause, on or before October 7, 2016, as to why
Simmons

should

not

be

dismissed

from

Stevens did not respond to the order.

this

action.

Accordingly, the

court will dismiss the claims against Simmons without
prejudice.
An appropriate judgment will be entered.
DONE, this the 7th day of March, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE