Nekouee v. Realty Income Corporation

Filing 6

OPINION. Signed by Honorable Judge Myron H. Thompson on 8/20/2018. (kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
FRED NEKOUEE, individually, )
)
Plaintiff,
)
)
v.
)
)
REALTY INCOME CORPORATION, )
)
Defendant.
)

CIVIL ACTION NO.
2:18cv401-MHT
(WO)

OPINION
Plaintiff filed this lawsuit on April 9, 2018. The
court’s

docket

defendant.

reflects

Federal

no

Rule

of

effort
Civil

to

serve

Procedure

the
4(m)

provides: “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

appropriate

extend
period.”

the

time

The

for

United

service
States

for

an

Magistrate

Judge entered an order to show cause (doc. no. 4) as to

why the case should not be dismissed pursuant to Rule
4(m).

The

deadline

for

plaintiff did not respond

response

has

passed,

to the order.

and

The court

concludes that this case should be dismissed.
An appropriate judgment will be entered.
DONE, this the 20th day of August, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE