Reilly v. Garcia et al

Filing 13

ORDER of Notice that Plaintiff has not yet Completed Service. Service must be made upon defendants within 120 days of the filing of his complaint. See attached memorandum of decision. SO ORDERED. Signed by Judge Vanessa L. Bryant, June 23, 2011. (Butler, Ayanna)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

GARY V. REILLY, JR.,
Plaintiff
v.
CARMEN GARCIA, ET AL.,
Defendants

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Case No. 3:10-CV-1923 (VLB)
June 23, 2011

ORDER OF NOTICE THAT PLAINTIFF HAS NOT YET COMPLETED SERVICE
The plaintiff filed a civil rights complaint on December 7, 2010. On December
16, 2010, the Clerk mailed United States’ Marshal 285 forms, Summons forms and
Notice of Lawsuit and Waiver of Service of Summons forms to the plaintiff to be
completed and returned to the court. These forms are necessary to enable the
United States Marshal to serve the amended complaint on the defendants in their
individual and official capacities. In addition, the plaintiff was to return two copies
of the amended complaint for each defendant. To date, the plaintiff has not
contacted the court or returned the completed service forms or copies of the
amended complaint. As a result, the defendants have not yet been served with a
copy of the amended complaint.
Rule 4(m) of the Federal Rules of Civil Procedure provides that “if service of
the summons and complaint is not made upon the defendants within 120 days after
the filing of the complaint, the court . . . upon its own initiative after notice to the
plaintiff, shall dismiss the case without prejudice . . . .” Within twenty days of the
date of this order, the plaintiff shall complete and return to the court the service

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forms mailed to him on December 16, 2010 as well as six copies of the amended
complaint and six copies of the order granting him leave to proceed in forma
pauperis within twenty days of the date of this order. Plaintiff is cautioned that
failure to return the forms or copies of the amended complaint or in forma pauperis
order in a timely manner to the Clerk of the United States District Court for the
District of Connecticut, 915 Lafayette Boulevard, Bridgeport, CT 06604, will result in
the dismissal of this case without prejudice and without further notice from this
court pursuant to Rule 4(m), Fed. R. Civ. P.
SO ORDERED in Hartford, Connecticut, this 23rd of June, 2011.

/s/
Vanessa L. Bryant
United States District Judge

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