Wright v. Richardson, et al.

Filing 14

CORRECTED #13 ORDER Directing Plaintiff Either to File Proof of Service of Process or to Perfect Service of Process. Signed by District Judge Susan K. DeClercq. (LVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BRIDGETT WRIGHT,
Plaintiffs,

Case No. 2:24-cv-11121

v.

Honorable Susan K. DeClercq
United States District Judge

CEDRIC LAMAR RICHARDSON et al.,
Defendants.
__________________________________/
CORRECTED ORDER DIRECTING PLAINTIFF EITHER TO FILE
PROOF OF SERVICE OF PROCESS OR TO PERFECT SERVICE OF
PROCESS
On April 26, 2024, this case was transferred from the Eastern District of Texas
to the Eastern District of Michigan. See ECF No. 23, Wright v. Richardson, No. 4:24CV-000304 (E.D. Tex. filed Apr. 26, 2024).
Plaintiff has until July 9, 2024, to perfect service of process. See FED. R. CIV.
P. 4(m) (“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.”); ECF No. 1, Wright v. Richardson, No. 4:24-CV-000304 (E.D. Tex.
filed Apr. 9, 2024); see also E.D. Mich. LR 41.2. Summons were issued in the Texas
case, but neither that nor this docket demonstrate whether service has been perfected.
So Plaintiffs will be directed either (1) to file proof of service on the docket in this
-1-

case or (2) to serve process on Defendants on or before July 9, 2024. If Plaintiff
fails to do so, then the case will be dismissed under Civil Rules 4(m) and 41(b).1
Accordingly, it is ORDERED that Plaintiff is DIRECTED to file the Proofs
of Service for each Defendant that has been served on the docket in this case on or
before May 17, 2024.
Further, it is ORDERED that, with respect to each Defendant for which a
Proof of Service has not been filed on the docket by May 17, 2024, Plaintiff is
DIRECTED to present the Clerk’s Office with three completed summonses for
reissuance and to serve the summonses on Defendants on or before July 9, 2024, in
full compliance with Federal Civil Rule 4 and Michigan Court Rule 2.105. The
summonses must include the Eastern District of Michigan case number: 2:24-cv11121. After Plaintiffs have perfected service of the complaint and summonses upon
Defendants, Plaintiffs must prove it by filing Proof of Service on the docket in this
case. If Plaintiffs fail any of these obligations, the above-captioned case will be
dismissed without prejudice under Civil Rules 4(m) and 41(b).
/s/Susan K. DeClercq
SUSAN K. DeCLERCQ
United States District Judge
Dated: 5/10/2024

1

“To avoid dismissal, Plaintiff must [demonstrate] good cause for failing to serve
process . . . .” Koehn v. 313 Presents, LLC, 649 F. Supp. 3d 465, 467 (E.D. Mich.
2023) (citing Friedman v. Est. of Presser, 929 F.2d 1151, 1157 (6th Cir. 1991)).
-2-