Patterson v. Mobile County Commission et al

Filing 9

Order. There is no evidence that the defendant has been served. Plaintiff must file proof of service of process by 5/11/2016. Failure to do so will result in the dismissal of this action. Signed by Senior Judge Charles R. Butler, Jr on 4/18/2016. copy to plaintiff. (sdb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
KELVIN PATTERSON,
Plaintiff,
v.
MOBILE COUNTY
COMMISSION,
Defendant.

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CIVIL ACTION NO.
16-00019-CB-C

ORDER
This action was filed more than 90 days ago, and there is no evidence that the
defendant has been served. Rule 4(m) of the Federal Rules of Civil Procedure states,
in relevant part:
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.
Therefore, Plaintiff must file proof of service of process on or before May 11, 2016.
Failure to do so will result in the dismissal of this action.
DONE and ORDERED this the 18th day of April, 2016.

s/Charles R. Butler, Jr.
Senior United States District Judge