Fullerton v. Social Security Administration

Filing 11

ORDER directing the plaintiff to obtain service on defendant within 30 days of the date of this Order, or the complaint will be dismissed. Signed by Judge Henry L. Jones, Jr. on 5/20/09. (bkp)

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

KYLE FULLERTON v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, ORDER 4:08CV00448 JMM/HLJ

Plaintiff

Defendant

Although the amended complaint in this case was filed January 22, 2009, no proof of service has been filed indicating that proper service has been obtained on Defendant, as required by Fed.R.Civ.P. 4(l). Under dismissal. these circumstances, the complaint is subject to

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 must obtain service on Defendant within 30 days of the date of this Order, or the complaint will be dismissed. IT IS SO ORDERED. DATED this 20 th day of May, 2009.

UNITED STATES MAGISTRATE JUDGE