Doe v. Gay et al

Filing 38

ORDER giving notice that deft Andrew T. Gay will be dismissed from this action unless within seven days from the entry of this Order pltf shows good cause for failure to serve Gay with summons and complaint. Signed by Chief Judge J. Leon Holmes on 3/22/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JANE DOE, a Minor, by and through
her Mother and Next Friend, SUSAN DOE
v.

PLAINTIFF

No. 2:10CV00109 JLH

ANDREW T. GAY, Individually and in his
Official Capacity as an Officer or Agent of the
Marianna Police Department; and the
CITY OF MARIANNA, ARKANSAS

DEFENDANTS

ORDER
This action was commenced on August 4, 2010, against Andrew T. Gay and the City of
Marianna, Arkansas. The record does not reflect that Gay was served with summons and complaint,
nor has Gay entered an appearance. Rule 4(m) of the Federal Rules of Civil Procedure provides:
If a defendant is not served within 120 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 extend the time
for service for an appropriate period.
The Court hereby gives notice that it will dismiss the action against Andrew T. Gay unless
within seven days from the entry of this Order the plaintiff shows good cause for failure to serve Gay
with summons and complaint.
IT IS SO ORDERED this 22nd day of March, 2012.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE