Hill v. Commissioner of Social Security
ORDER TO SHOW CAUSE re: failure to file proof of service. See attached order. Plaintiff's response due by 7/8/2014. Signed by Judge Donna F. Martinez on 6/18/14.(Constantine, A.)
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
COMMISSIONER OF SOCIAL
CASE NO. 3:12CV1097(DFM)
Rule 41(a) of the Local Rules of this District provides:
Failure to Prosecute. In civil actions in which no
action has been taken by the parties for six (6)
months or in which deadlines established by the
Court pursuant to Rule 16 appear not to have been
met, the Clerk shall give notice of proposed
dismissal to counsel of record. If such notice has
been given and no action has been taken in the
explanation is submitted to the Court within twenty
(20) days thereafter, the Clerk shall enter an order
of dismissal. Any such order entered by the Clerk
under this rule may be suspended, altered, or
rescinded by the Court for cause shown.
Rule 4 of the Federal Rules of Civil Procedure requires that
a defendant be served within 120 days after the complaint is filed
and that the plaintiff file proof of service.
the complaint in July 2012.
The plaintiff filed
More than 120 days have elapsed since
the complaint was filed but the plaintiff has not made proof of
service as required by Fed. R. Civ. P. 4(l).
The case is subject
to dismissal because the plaintiff has failed to take steps to
enable the Marshal to serve the complaint on the defendant within
the time prescribed by law.
Unless a satisfactory explanation of
why it should not be dismissed is submitted to the Court within
twenty (20) days of the date of this notice, it will be dismissed.
SO ORDERED at Hartford, Connecticut this 18th day of June,
Donna F. Martinez
United States Magistrate Judge
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