Hernandez v. US Attorney General
Filing
12
OPINION AND ORDER DISMISSING COMPLAINT FOR FAILURE TO EFFECTUATE SERVICE Signed by District Judge Linda V. Parker. (AFla)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PHYLLIS L. HERNANDEZ,
Plaintiff,
v.
Case No. 24-11141
Honorable Linda V. Parker
US ATTORNEY GENERAL,
Defendant.
___________________________/
OPINION AND ORDER DISMISSING COMPLAINT FOR FAILURE TO
EFFECTUATE SERVICE
Plaintiff initiated this pro se lawsuit on April 29, 2024. (ECF No. 1) On
September 3, 2024, Plaintiff filed a Certificate of Service representing that service
had been completed by mailing the complaint and summons to the US Department
of Justice via U.S. Postal Service Certified Mail. (ECF No. 7) However, as this is
a suit against a United States officer in his official capacity, Plaintiff must also
comport with the requirements of Rule 4(i) of the Federal Rules of Civil
Procedure, as explained in the Court’s prior order. (See ECF No. 8)
On December 3, 2024, the Court issued a show cause order requiring Plaintiff
to properly effectuate service or establish good cause for failing to do so by
January 16, 2025. (ECF No. 8) The Court informed Plaintiff that failure to do so
would result of dismissal of this case. (Id.) As of the date of this order, Plaintiff
has not responded to the show cause order.
Accordingly,
IT IS ORDERED that Plaintiff’s Complaint against Defendant is
DISMISSED WITHOUT PREJUDICE for failure to effectuate service pursuant
to Federal Rule of Civil Procedure 4(m).
Dated: January 29, 2025
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, January 29, 2025, by electronic and/or
U.S. First Class mail.
s/Aaron Flanigan
Case Manager
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