Butler v. Convenant Care Indiana Inc
OPINION AND ORDER DISMISSING Plaintiff's Complaint without prejudice for failure to complete process pursuant to Federal Rule of Civil Procedure 4(m). Signed by Judge William C Lee on 10/7/2019. (Copy mailed to pro se party by certified mail 7019 0700 0000 3512 4245)(bas)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
KRISTINA LYNN BUTLER,
COVENANT CARE INDIANA, INC.
) Case No.: 1:18-CV-292
OPINION AND ORDER
Plaintiff, Kristina Lynn Butler (“Butler”), proceeding pro se, filed her original complaint
[DE 1] along with a Motion for Leave to Proceed in forma pauperis [DE 2]. Because Butler did
not meet the financial requirements for in forma pauperis status, her motion for leave to proceed
without prepayment of the filing fee was DENIED. [DE 3]. Butler subsequently paid the filing
fee on November 20, 2018. Since that time, however, the case has remained stagnant and, the
Defendant in this action was not served within 90 days after the filing of the Complaint. On
August 19, 2019, the Magistrate Judge issued a Notice and Order directing Butler to show good
cause for failure to complete the service requirement and advised her that her action would be
dismissed after September 16, 2019, if no action was taken. [DE 6]. Butler has not responded to
this notice. As a result, her Complaint is DISMISSED without prejudice for failure to complete
process pursuant to Federal Rule of Civil Procedure 4(m).
SO ORDERED. This 7th day of October, 2019.
s/ William C. Lee
United States District Court
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