SMITH v. ADKINSON

Filing 22

ORDER denying 14 Motion to Dismiss. Signed by JUDGE RICHARD SMOAK on 12/27/2010. (jem)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION DONNA SMITH, Plaintiff, vs. MICHAEL A. ADKINSON, JR., in his official capacity as SHERRIFF, WALTON COUNTY, FLORIDA, Defendant. _________________________________________/ ORDER Defendant's Motion to Dismiss Amended Complaint (Doc. 14) is DENIED. Plaintiff prepared a summons and attached it with the complaint to the electronic docket, but the Clerk did not issue the summons until October 8, 2010. Because the summons must be served with a copy of the complaint, Fed. R. Civ. P. 4 (c) (1), the Plaintiff, at a minimum, had good cause to believe that the 120-day time limit for service, Fed. R. Civ. P. 4 (m), began to run from the issuance of the summons. As such, the service, taking place 128 days from the date the original complaint was filed, and 72 days from the date summons was issued, is not grounds for dismissal. CASE NO. 3-10-cv-262/RS-MD

ORDERED on December 27, 2010 /S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE