Scoggins v. Helena-West Helena Arkansas, City of et al

Filing 2

ORDER directing the Plaintiff that the Court will dismiss this action unless proof of service is filed on or before Wednesday, May 28, 2014, or the Plaintiff establishes good cause for the failure to serve summons and complaint on the defendants within 120 days after the filing of the complaint. Signed by Judge J. Leon Holmes on 4/28/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
CARL SCOGGINS
v.

PLAINTIFF
No. 2:13CV00171 JLH

CITY OF HELENA-WEST HELENA, ARKANSAS;
ULESS WALLACE; TRAVIS WALLACE;
TIMOTHY FUGATE; TROY HOUSE;
MATTHEW JARRETT; MICHAEL HARRIS;
and AMOS BRYANT

DEFENDANTS

ORDER
Plaintiff, Carl Scoggins, filed a complaint in this action on December 20, 2013. More than
120 days have passed. Plaintiff has not filed proof of service on the defendants. 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.
Notice is hereby given to the plaintiff that the Court will dismiss this action unless proof of
service is filed on or before Wednesday, May 28, 2014, or the plaintiff establishes good cause for
the failure to serve summons and complaint on the defendants within 120 days after the filing of the
complaint.
IT IS SO ORDERED this 28th day of April, 2014.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE