Smith v. Social Security Administration

Filing 7

ORDER advising Plaintiff that she must obtain service on Defendant within 30 days of entry of this Order, or the Complaint will be dismissed. Signed by Magistrate Judge J. Thomas Ray on 12/5/08. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION

SANDRA DEE SMITH v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration ORDE R 3:08CV00039 JTR

PLAINTIFF

DEFENDANT

Although the Complaint in this case was filed March 18, 2008, no return of service has been filed indicating that proper service has been obtained on Defendant. Under these circumstances, the Complaint is subject to dismissal. Fed.R.Civ.P. 4(m); Bryant v. Brooklyn Barbecue Corp., 932 F.2d 697 (8th Cir.), cert. denied, 502 U.S. 1005 (1991); Ouzts v. Cummins, 825 F.2d 1276 (8th Cir. 1987). Plaintiff must obtain service on Defendant within 30 days of the entry of this Order, or the Complaint will be dismissed. IT IS SO ORDERED this 5th day of December, 2008.

___________________________________ UNITED STATES MAGISTRATE JUDGE