Curtis v. The United States of America et al

Filing 7

ORDER DISMISSING CASE. CASE CLOSED. Signed by District Judge Sharion Aycock on 10/8/2015. (psk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
PAUL KEVIN CURTIS

PLAINTIFF

V.

CAUSE NO.: 1:15CV082-SA-DAS

THE UNITED STATES OF AMERICA and
JOHN DOES 1-15

DEFENDANTS

ORDER
Plaintiff originally filed this case on April 30, 2015.

Summonses were not issued until

August 3, 2015 [4], after two Clerk’s Notices of Incomplete Process [2,3].

Another Clerk’s

Notice of Incomplete Process has been entered on September 3, 2015. In all, over 152 days
have elapsed since the filing of this Complaint.
Federal Rule of Civil Procedure 4(m) provides that “[i]f a defendant is not served within
120 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.”

Accordingly, pursuant to Federal Rule of Civil Procedure

4(m), the court, on its own motion, hereby dismisses this case without prejudice due to
incomplete service of process by Plaintiff.
SO ORDERED, this the 8th day of October, 2015.
/s/ Sharion Aycock_________
U.S. DISTRICT JUDGE