Smith v. Prime Recovery LLC

Filing 12

ORDER: it is ORDERED that, by July 16, 2024, plaintiff Kelan Smith shall show cause, if any there be, as to why this case should not be dismissed without prejudice for failure to serve the defendant within 90 days of the filing of the complaint. Signed by Honorable Judge Myron H. Thompson on 7/2/2024. (c/s) (LAB)

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION KELAN SMITH, ) ) ) ) ) ) ) ) ) Plaintiff, v. PRIME RECOVERY LLC., Defendant. CIVIL ACTION NO. 2:23cv573-MHT (WO) ORDER Plaintiff Kelan Smith filed this lawsuit on September 28, 2023, against defendant Prime Recovery LLC. Under Federal Rule of Civil Procedure 4(m), Smith had 90 days to serve Prime Recovery with the summons and complaint. On service October showing complaint to 24, that Prime 2023, he Smith had Recovery filed mailed by U.S. Priority Mail with a tracking number. 5). the a return summons Postal of and Service See Return (Doc. He later filed an application to the clerk for entry of default (Doc. 9). The clerk of court denied the application for default, explaining that service by priority mail is not a proper process under applicable law. means of service of See Notice of Denial of Application for Entry of Default (Doc. 11). Rule 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.” Fed. R. Civ. P. 4. *** Accordingly, it is ORDERED that, by July 16, 2024, plaintiff Kelan Smith shall show cause, if any there be, as to why this case should not be dismissed without prejudice for failure to serve the defendant within 90 days of the filing of the complaint. DONE, this the 2nd day of July, 2024. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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