Hendee v. Social Security Administration

Filing 5

ORDER directing Plaintiff to file proof of service with the Court within 30 days of the date of this order, or the complaint will be dismissed. Signed by Magistrate Judge Joe J. Volpe on 12/16/2015. (lej)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION KENNETH C. HENDEE, Plaintiff, vs. CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration, Defendant. * * * * * * * * * * No. 4:15CV00492-JJV ORDER Although the Complaint in this case was filed August 6, 2015, 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 must file proof of service with the Court within thirty (30) days of the date of this Order, or the Complaint will be dismissed. IT IS SO ORDERED this 16th day of December, 2015. ____________________________________ JOE J. VOLPE UNITED STATES MAGISTRATE JUDGE

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