McCuller v. University of Arkansas System et al

Filing 2

ORDER notifying pltf that the Court will dismiss this action unless proof of service is filed on or before 5/31/12. Signed by Chief Judge J. Leon Holmes on 5/1/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION SHARON MCCULLER v. PLAINTIFF NO. 4:11CV00908 JLH UNIVERSITY OF ARKANSAS SYSTEM; and UNIVERSITY OF ARKANSAS AT PINE BLUFF, by and through the Board of Trustees of the University of Arkansas; et al. DEFENDANTS ORDER Plaintiff, Sharon McCuller, filed a complaint in this action on December 22, 2011. 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 Thursday, May 31, 2012, 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 1st day of May, 2012. J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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