Bell v. Lombardi et al

Filing 28

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff shall show cause, in writing and no later than August 22, 2014, why defendant Roper should not be dismissed for lack of service. IT IS FURTHER ORDERED that if plaintiff fails to show adequate cause or fails to respond to this Order, then this action will be dismissed against defendant Don Roper without prejudice. Show Cause Response due by 8/22/2014. Signed by District Judge Carol E. Jackson on 8/5/2014. (KMS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOHNELL A BELL, I,

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Plaintiff,
v.
GEORGE A. LOMBARDI,
Defendant,

No. 4:14CV27 CEJ

MEMORANDUM AND ORDER
This matter is before the Court on its own motion. The Court attempted to serve a
summons and a copy of the complaint on defendant Don Roper at the address provided by
plaintiff. The summons was returned unexecuted because Roper does not reside at that address.
Rule 4(m) of the Federal Rules of Civil Procedure provides:
If 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. But if the plaintiff shows good cause for the failure, the court must
extend the time for service for an appropriate period.
More than 120 days have passed since the Court reviewed the complaint and ordered
service to be executed on Roper. Thus, Roper is subject to dismissal under Rule 4(m). Before
taking any further action, the Court will give plaintiff the opportunity to show cause why Roper
should not be dismissed for lack of service.
Accordingly,
IT IS HEREBY ORDERED that plaintiff shall show cause, in writing and no later than
August 22, 2014, why defendant Roper should not be dismissed for lack of service.

IT IS FURTHER ORDERED that if plaintiff fails to show adequate cause or fails to
respond to this Order, then this action will be dismissed against defendant Don Roper without
prejudice.
Dated this 5th day of August, 2014.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE

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