Zheng v. Department of Homeland Security et al

Filing 5

ORDER. Plaintiff must serve summons and the 1 Complaint upon Defendants on or before March 28, 2018. Failure to serve within this 90-day time frame may result in dismissal of the case without prejudice under Fed. R. Civ. P. 4(m). Signed by Magistrate Judge Teresa J. James on 1/31/2018.(Mailed to pro se plaintiff Zheng by regular mail.) (byk)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
SHENG ZHENG,
Plaintiff,
v.
ELAINE DUKE, Acting United States Secretary
of Homeland Security, and JEFF SESSIONS,
Attorney General of the United States,
Defendants.

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Case No. 17-cv-2734-CM-TJJ

ORDER
Federal Rule of Civil Procedure 4(m) sets a 90-day time limit for a plaintiff to serve
summons and the complaint upon all defendants: “If a defendant is not served within 90 days after
the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss
the action without prejudice against that defendant or order that service be made within a specified
time.” Plaintiff has paid the filing fee and is therefore not proceeding in forma pauperis in this
case. Plaintiff therefore must serve all defendants with a copy of the summons1 and the
Complaint within 90 days of the date of the filing of the Complaint. As the Complaint was filed on
December 28, 2017, Plaintiff must serve defendants on or before March 28, 2018.
IT IS THEREFORE ORDERED that Plaintiff must serve summons and the Complaint
(ECF No. 1) upon Defendants on or before March 28, 2018. Failure to serve within this 90-day
time frame may result in dismissal of the case without prejudice under Fed. R. Civ. P. 4(m).

1

A summons form can be obtained by contacting the Clerk’s Office.

T
RDERED.
IT IS SO OR
Dated in Kan City, Kansas on this 31st day of January, 20
D
nsas
a
f
018.

Ter
resa J. James
s
U. S Magistrat Judge
S.
te