Hopkins v. Commissioner of Social Security

Filing 7

MEMORANDUM AND ORDER DISMISSING CASE without prejudice. Signed by Judge J. Phil Gilbert on 1/22/2015. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KIMBERLY RENEE HOPKINS,
Plaintiff,
v.

Case No. 14-cv-646-JPG-CJP

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court for case management purposes. In a December 22,
2014, order (Doc. 5), Magistrate Judge Clifford J. Proud noted that plaintiff Kimberly Renee
Hopkins had not served the defendant within 120 days after the filing of the complaint and
granting of in forma pauperis status, as prescribed by Federal Rule of Civil Procedure 4(m). See
Donald v. Cook County Sheriff’s Dept., 95 F.3d 548, 557 n. 5 (7th Cir. 1996). Magistrate Judge
Proud extended the time for service until January 12, 2015, and warned Hopkins that this case
would be dismissed if she failed to take action to serve the defendant by then. There is no
indication in the record that Hopkins took action to achieve service in time. Accordingly, as it
warned it would do should Hopkins fail to take appropriate action, the Court DISMISSES this
case without prejudice pursuant to Rule 4(m) and DIRECTS the Clerk of Court to close this
case.
IT IS SO ORDERED.
DATED: January 22, 2015
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE