BILLINGSEA v. Graphic Packaging International, Inc.

Filing 5

ORDER DISMISSING WITHOUT PREJUDICE 1 Plaintiff's Complaint. Ordered by Judge Marc Thomas Treadwell on 12/1/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
REGINALD BILLINGSEA,
Plaintiff,
v.
GRAPHIC PACKAGING
INTERNATIONAL, INC.
Defendant.

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CIVIL ACTION NO. 5:11-CV-273 (MTT)

ORDER
This matter is before the Court on the Plaintiff’s failure to timely serve the
Defendant. On November 15, 2011, the Court entered its Order requesting that the
Plaintiff show cause by November 28, 2011, why the action should not be dismissed for
failing to serve the Defendant. (Doc. 4). The Plaintiff did not respond to the show
cause order. Pursuant to Fed. R. Civ. P. 4(m), a court must dismiss an action without
prejudice if the defendant is not served within 120 days after the complaint is filed.
Because the Plaintiff has not shown cause for his failure to serve the Defendant, this
action is DISMISSED WITHOUT PREJUDICE.
SO ORDERED, this the 1st day of December, 2011.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT