Reehten v. Mayberry et al

Filing 79

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that not later than October 26, 2012, plaintiff shall show good cause, in writing, why his claims should not be dismissed without prejudice as to these defendants for failure to timely effectuate service purs uant to Rule 4(m) of the Federal Rules of Civil Procedure. Plaintiff is cautioned that failure to timely comply with this Order may result in the imposition of sanctions, including the dismissal of his claims against these defendants. Signed by Magistrate Judge Frederick R. Buckles on 10/12/12. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ROBERT H. REEHTEN,

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Plaintiff,
v.
SHAWN MAYBERRY, et al.,
Defendants.

Case No. 4:10CV2159 FRB

MEMORANDUM AND ORDER
This matter is before the Court upon review of the file.
All matters

are pending before the undersigned United States

Magistrate Judge, with consent of the parties, pursuant to 28
U.S.C. § 636(c).
On May 23, 2012, plaintiff filed an Amended Complaint
adding two defendants identified as Unknown Female Jailer and
Unknown Male Jailer.

(Docket No. 67).

Rule 4(m) provides that the

Court, after notice to the plaintiff, is directed to dismiss an
action against a defendant upon whom service has not been made
within 120 days after the filing of the complaint.

The Rule 4(m)

period for service expired in this matter on September 20, 2012.
To

date,

there

have

been

no

substitutions

for

the

“Unknown”

defendants, and plaintiff has failed to demonstrate to the Court
that “Unknown Female Jailer” or “Unknown Male Jailer” have been
served in this matter.
Therefore,
IT IS HEREBY ORDERED that not later than October 26,
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2012, plaintiff shall show good cause, in writing, why his claims
should not be dismissed without prejudice as to these defendants
for failure to timely effectuate service pursuant to Rule 4(m) of
the Federal Rules of Civil Procedure.
Plaintiff is cautioned that failure to timely comply with
this Order may result in the imposition of sanctions, including the
dismissal of his claims against these defendants.

_______________________________
Frederick R. Buckles
UNITED STATES MAGISTRATE JUDGE
Dated this 12th day of October, 2012.

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