In Re: Civil Investigative Demand No. 2023-14

Filing 7

JUDGMENT. CASE CLOSED. Signed by Magistrate Judge Roy Percy on 8/14/23. (bnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
IN RE:
CIVIL INVESTIGATIVE DEMAND
NO. 2023-14

CASE NO: 3:23MC8-RP

JUDGMENT
The United States of America filed the Petition of the United States for Summary
Enforcement of Civil Investigative Demand on April 6, 2023. Since it initiated litigation, the
Petition has not been served on Respondent Alvin Loveberry. A Show Cause Order was
docketed on July 26, 2023 requiring the United States of America to show cause no later than
August 9, 2023 as to why this case should not be dismissed pursuant to Federal Rule of Civil
Procedure 4(m). Federal Rule 4(m) dictates, “[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.” The United States has not filed any response to the Show Cause Order and the
time for a response has expired.
In accordance with the court’s July 26, 2023 Show Cause Order, the Petition for
Summary Enforcement of Civil Investigative Demand is dismissed without prejudice, the case
closed and removed from the court’s docket.
This, the 14th day of August, 2023.
/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE