Burton v. Social Security Administration

Filing 6

ORDER dismissing the 2 Plaintiff's Complaint for failure to prosecute. Signed by Magistrate Judge Joe J. Volpe on 9/4/2014. (srw)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JEFFREY L. BURTON,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner, Social Security
Administration
Defendant.

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No. 3:14CV00062-JJV

ORDER
Although the Complaint in this case was filed March 11, 2014, no proof of service has been
filed to indicate proper service was obtained on Defendant, as required by Federal Rule of Civil
Procedure 4(l).
Under these circumstances, the Complaint is subject to dismissal. Fed. R. Civ. P. 4(m);
Bryant v. Brooklyn Barbecue Corp., 932 F.2d 697, 698 (8th Cir.), cert. denied, 502 U.S. 1005
(1991); Ouzts v. Cummins, 825 F.2d 1276, 1278 (8th Cir. 1987). Plaintiff was given notice on
August 4, 2014 (Doc. No. 5).
IT IS THEREFORE ORDERED THAT the Complaint is dismissed for failure to prosecute.
DATED this 4th day of September, 2014.

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JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE