Jabbar v. Shinseki

Filing 20

ORDER, Eric K. Shinseki answer due 10/7/2013.( Action due by 8/23/2013.), denying 14 MOTION to Dismiss filed by Eric K. Shinseki, granting 19 MOTION for Extension of Time to Perfect Service filed by Mohammad A. Jabbar. Signed by Chief Judge David R. Herndon on 8/19/2013. (kar)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MOHAMMAD A. JABBAR,
Plaintiff,
v. ERIC K. SHINSEKI,
Respondent.

No. 13-cv-00334-DRH-PMF
ORDER

HERNDON, Chief Judge:
Now before the Court is respondent’s motion to dismiss (Doc. 14). Plaintiff
opposes the motion and seeks leave for an extension of time to perfect service
(Docs. 18, 19). Respondent claims that plaintiff failed to properly serve defendant
within the required time period and thus moves to dismiss.
The Court notes that although plaintiff did not properly serve defendant,
plaintiff was misled by an errant directive by the court’s clerk to file a motion for
default judgment. Therefore, in the interest of justice and for good cause shown,
the Court DENIES respondent’s motion to dismiss (Doc. 14), and GRANTS
plaintiff’s motion for extension of time to perfect service (Doc. 19). Service must
be perfected by August 23, 2013.
IT IS SO ORDERED.
signed this 19th day of August, 2013.

Digitally signed
by David R.
Herndon
Date: 2013.08.19
12:34:45 -05'00'
Chief Judge
United States District Court

Page 1 of 1