YODER v. JORDAN FOREST PRODUCTS LLC et al

Filing 10

ORDER dismissing without prejudice claims against Defendants Rimmer, Finch, Hart, and Reed. These Defendants are as a result terminated. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 11/18/2021. (chc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
RICKY J. YODER,
Plaintiff,
v.
JORDAN FOREST PRODUCTS, LLC;
JOHN RIMMER; ROBBIE FINCH;
MARCUS HART; and ROGER REED,

CIVIL ACTION NO.
5:21-cv-00266-TES

Defendants.
ORDER OF DISMISSAL

On November 2, 2021, the Court ordered Plaintiff Ricky J. Yoder to show cause
why his claims against Defendants John Rimmer, Robbie Finch, Marcus Hart, and
Roger Reed should not be dismissed for lack of service pursuant to Federal Rule of Civil
Procedure 4(m). 1 [Doc. 8]. Plaintiff was given 21 days to respond to the Court’s Show
Cause Order [Doc. 7], and he was warned that the failure to fully and timely respond to
it would result in the immediate dismissal of his claims against the aforementioned
Defendants. [Id. at p. 2]. On November 18, 2021, Plaintiff filed his Response [Doc. 21],
informing the Court that he had “not ascertained, despite due diligence, service

Rule 4 of the Federal Rules of Civil Procedure requires a plaintiff to serve each defendant with a copy of
both the summons and the complaint within the time allowed by Rule 4(m) unless a defendant waives
service. See Fed. R. Civ. P. 4(c)(1), (d). Federal Rule of Civil Procedure 4(m) requires a plaintiff to serve
those copies upon a defendant within 90 days after the filing of the complaint.
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addresses for Defendants Rimmer, Finch, Hart, and Reed.” [Doc. 9, p. 2]. Therefore, on
that date, Plaintiff stated that he did not oppose the dismissal of these individually
named Defendants based upon his failure to effectuate proper service. [Id.].
Because Plaintiff has admittedly failed to adhere to Federal Rule of Civil
Procedure 4(m), his claims against Defendants John Rimmer, Robbie Finch, Marcus
Hart, and Roger Reed are DISMISSED without prejudice. Accordingly, these
individually named Defendants are terminated as parties to this action.
SO ORDERED, this 18th day of November, 2021.
S/ Tilman E. Self, III
TILMAN E. SELF, III, JUDGE
UNITED STATES DISTRICT COURT

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