Hussey v. Department of Veterans Affairs

Filing 10

ORDER directing Ms. Hussey to instruct the Court in writing of her intent to continue with this lawsuit within 30 days of the date of this Order. In doing so, Ms. Hussey should address why service has not been completed. Signed by Judge Lee P. Rudofsky on 8/28/2024. (ldb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
TREIGE A. HUSSEY
v.

PLAINTIFF
Case No. 4:24-cv-00164-LPR

DEPARTMENT OF VETERANS AFFAIRS,
Denis McDonough, Secretary

DEFENDANT

ORDER
Plaintiff Treige A. Hussey initiated this pro se case on February 23, 2024.1 Ms. Hussey
paid the filing fee on May 24, 2024.2 On receipt of the filing fee, the Clerk of Court issued
summonses and returned them to Ms. Hussey for completion of service.3 While proceeding pro
se, Ms. Hussey is not indigent and is responsible for completing good service under the federal
rules. Under Federal Rule of Civil Procedure 4(c)(1) and (m), Ms. Hussey had to serve Defendant
with a copy of her Complaint and Summonses within ninety days of filing the Complaint. Due to
the late issuance of summonses, the Court sua sponte extended the ninety-day window to complete
service through August 22, 2024. The extended deadline for service has now passed, but Ms.
Hussey has not filed proof of service or explained to the Court her failure to do so.
Within thirty (30) days of the date of this Order, Ms. Hussey must instruct the Court in
writing of her intent to continue with this lawsuit. In doing so, Ms. Hussey should address why
service has not been completed. Failure to respond to this Order will result in the dismissal of this
lawsuit.4

1

Compl. (Doc. 1).

2

Receipt (Doc. 7).

3

See May 28, 2024 Docket Sheet Note “Summons issued . . . and returned to Plaintiff.”

4

Local Rule 5.5(c)(2).

IT IS SO ORDERED this 28th day of August 2024.
_______________________________
LEE P. RUDOFSKY
UNITED STATES DISTRICT JUDGE

2