Rodriguez v. United States of America, Department of Veteran Affairs

Filing 9

ORDER: Plaintiff's Response 8 is STRICKEN. Plaintiff has twenty (20) days from the date of this Order in which to file proof of proper service of the lawsuit upon Defendant. Failure to do so shall result in the dismissal of this case without further notice. Signed by Judge James S. Moody, Jr on 9/28/2012. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

JOSE RODRIGUEZ, pro se,
Plaintiff,
v.

Case No. 8:12-cv-1069-T-30TGW

UNITED STATES OF AMERICA,
DEPARTMENT OF VETERAN AFFAIRS,
Defendant.
_____________________________________/

ORDER
THIS CAUSE comes before the Court upon Plaintiff’s Response (Dkt. #8) to this
Court’s Order to Show Cause why proper service has not been timely effectuated upon
Defendant pursuant to Rule 4(m), Fed.R.Civ.P. Plaintiff’s Response (Dkt. #8) is nonresponsive and should be stricken. Service by mail of a Case Management Report is
premature as well as irrelevant to proper service of a lawsuit upon Defendant. Plaintiff may
not serve Defendant via mail under Fed.R.Civ.P. 4(d) because the United States is a
Defendant.
It is therefore ORDERED AND ADJUDGED that:
1.

Plaintiff’s Response (Dkt. #8) is STRICKEN.

2.

Plaintiff has twenty (20) days from the date of this Order in which to file proof

of proper service of the lawsuit upon Defendant. Failure to do so shall result in the dismissal
of this case without further notice.
DONE and ORDERED in Tampa, Florida on September 28, 2012.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2012\12-cv-1069.strike response 8.frm

Page 2 of 2