St. Clair v. Specialized Loan Servicing LLC et al

Filing 18

ORDER - IT IS ORDERED that Plaintiff's amended complaint (Doc. 5 ) is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is directed to terminate all pending motions and close the case. (See document for complete details). Signed by Judge Douglas L Rayes on 11/18/20. (SLQ)

Download PDF
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Lloyd-Lawrence St. Clair, Plaintiff, 10 11 Specialized Loan Servicing LLC, et al., 13 ORDER v. 12 No. CV-20-01148-PHX-DLR Defendants. 14 15 16 On September 9, 2020, Magistrate Judge Camille D. Bibles issued an order to show 17 cause, which gave Plaintiff until October 2, 2020 to show cause why this case should not 18 be dismissed for Plaintiff’s failure to effect service. (Doc. 8.) On September 30, 2020, 19 Plaintiff filed a response to the order to show cause. (Doc. 9.) In his response, Plaintiff 20 alleges that he served a copy of the complaint and the amended complaint upon certain 21 defendants via certified mail. However, in order to effect service, Plaintiff was required to 22 also (1) serve on Defendants a copy of the summons issued and (2) file an affidavit of 23 service. Here, Plaintiff did neither, despite guidance from Defendants (Doc. 17 at 2). 24 Because Plaintiff has failed to properly serve Defendants within the 90 day period 25 following the filing of his complaint, dismissal of this action without prejudice pursuant to 26 Fed. R. Civ. P. 4(m) is appropriate. 27 /// 28 /// 1 IT IS ORDERED that Plaintiff’s amended complaint (Doc. 5) is DISMISSED 2 WITHOUT PREJUDICE. The Clerk of Court is directed to terminate all pending 3 motions and close the case. 4 Dated this 18th day of November, 2020. 5 6 7 8 9 Douglas L. Rayes United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?