Washington v. State of Alabama Department of Corrections et al
OPINION AND ORDER: it is ORDERED that plf's claims against dft The DOC Riot Squad are dismissed without prejudice, and dft The DOC Riot Squad is terminated as a party to this action. Signed by Honorable Judge Myron H. Thompson on 4/10/2018. (alm, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
STATE OF ALABAMA
DEPARTMENT OF CORRECTIONS, )
CIVIL ACTION NO.
OPINION AND ORDER
Fed. R. Civ P. 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
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.”
lawsuit, which was filed on November 7, 2017.
days had passed without service of this defendant, the
defendant The DOC Riot Squad should not be dismissed
without prejudice from this action pursuant to Fed. R.
Civ. P. 4(m).
Plaintiff did not respond.
therefore concludes that dismissal is appropriate.
Accordingly, it is ORDERED that plaintiff’s claims
without prejudice, and defendant The DOC Riot Squad is
terminated as a party to this action.
This case is referred back to the United States
Magistrate Judge for further proceedings.
DONE, this the 10th day of April, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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