Butler v. Howe

Filing 2

ORDERED that the Court directs plaintiff, within fourteen days of the date of this Order is served, to show cause why his case should not be dismissed for violating Rule4(m). Signed by Magistrate Judge G. R. Smith on 10/20/2015. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
KEVIN L. BUTLER
Plaintiff,

Case No. CV415-157

v.
MICKEY D. HOWE,
Lazer Transport, Inc. CEO, CFO,
Defendant.

ORDER
Plaintiff filed this Title VII case and paid the Court’s filing fee on
May 28, 2015. Doc. 1. However, he sought no summonses for Fed. R.
Civ. P. 4 service. Nor, apparently, did he make any to effectuate service
upon defendant within the 120 days that Rule 4(m) demands. 1 The
Court thus directs him, within 14 days of the date this Order is served, to
show why his case should not be dismissed for violating Rule 4(m).

1

Under Fed. R. Civ. P. 6(a)(1)(A), the first day (May 28, 2015) is excluded from the
120-day period, which placed Butler at Saturday, September 26, 2015, as his Rule
4(m) deadline. But since Rule 6(a)(1(C) says to exclude weekend days as an “end
day,” he had until Monday, September 28, 2015, to serve defendant. He did not.

SO ORDERED, this 20th day of October, 2015.

UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA