Huey v. Federal Election Commission, The

Filing 5

ORDER TO SHOW CAUSE. ORDERED that on or before December 16, 2016, plaintiff shall show cause why this case should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m). Signed by Judge Philip A. Brimmer on 12/08/16. (jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 16-cv-02114-PAB
KEVIN GLENN HUEY,
Plaintiff,
v.
THE FEDERAL ELECTION COMMISSION,
Defendant.
_____________________________________________________________________
ORDER TO SHOW CAUSE
_____________________________________________________________________
This matter is before the Court sua sponte. The complaint in this action was filed
on August 19, 2016. See Docket No. 1. Pursuant to Federal Rule of Civil Procedure
4(m), “[i]f a defendant is not served within 90 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.”
See Fed. R. Civ. P. 4(m) (“But if the plaintiff shows good cause for the failure, the court
must extend the time for service for an appropriate period.”). There is no indication on
the docket that plaintiff has served defendant with the complaint. Therefore, it is
ORDERED that on or before December 16, 2016, plaintiff shall show cause why
this case should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m).

DATED December 8, 2016.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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