Neilson v. Greenlee et al

Filing 15

ORDER DISMISSING CASE. CASE CLOSED. Signed by District Judge Sharion Aycock on 7/9/2015. (psk)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI OXFORD DIVISION PHILIP HALBERT NEILSON PLAINTIFF V. CAUSE NO.: 3:13CV300-SA-SAA JAMES GREENLEE, ET AL. DEFENDANTS ORDER Plaintiff originally filed this case on December 13, 2013. that time to all Defendants [2]. Summonses were issued at In July of 2014, the Clerk issued a Notice [5] that the Defendants had not been served as required by the Federal Rules of Civil Procedure. The Magistrate Judge issued an Order to Show Cause [6] and, ultimately, based on Plaintiff’s response to that Show Cause Order, granted Plaintiff thirty additional days to effect service on all Defendants [8]. Instead of serving Defendants, however, Plaintiff filed an Amended Complaint [9] in September of 2014. After another period of inactivity, the district judge previously assigned to this case dismissed the action for failure to prosecute [11]. The case was reopened and reassigned to the undersigned judge thereafter. Plaintiff had summonses reissued by the Clerk’s Office on February 9, 2015 [13]. One hundred twenty days have passed, and Plaintiff has either failed to execute those summonses or failed to notify the Court that those summonses have been executed. The Clerk’s Office again issued a Notice of Incomplete Process warning Plaintiff that the Defendants had not been served as required by the Federal Rules of Civil Procedure [14]. 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 9th day of July, 2015. /s/ Sharion Aycock_________ U.S. DISTRICT JUDGE 2

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