Oram v. The Dillon City Police Department et al

Filing 145

ORDER. IT IS ORDERED: 1. All claims against Defendant Jacob Johnson are dismissed without prejudice for failure to effect service on Johnson. 2. The Clerk is directed to enter a judgment that dismisses all claims against Defendants Ceth Haggard, Jeremy Alvarez, and the City of Dillon, with prejudice; and dismisses all claims against Defendant Johnson without prejudice. Signed by Judge Brian Morris on 8/23/2017. (ELL) Modified on 8/23/2017 to indicate that a copy was mailed to Oram (ELL).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
GARY ORAM, JR.,
Plaintiff,

CV 15-47-BU-BMM

vs.
THE CITY OF DILLON, CETH
HAGGARD, JEREMY ALVAREZ,
and JACOB JOHNSON,

ORDER

Defendants.

Plaintiff filed his Complaint in this case on September 14, 2015. (Doc. 1). A
summons was issued for Defendant Jacob Johnson (Johnson) on September 28,
2015. (Doc. 7). Federal Rule of Civil Procedure 4(m) requires service of a
summons and complaint within 90 days after the filing of the complaint. The Court
issued an Order on December 28, 2016, requiring Plaintiff to show cause by
January 27, 2017, why his claims against Johnson should not be dismissed for
failure to effect service on Johnson. Plaintiff has failed to respond to the Court’s
Order. There is no indication in the record that Plaintiff effected service on
Johnson.

The Court dismissed all of Plaintiff’s claims against Defendants Ceth
Haggard, Jeremy Alvarez, and the City of Dillon, with prejudice, on December 20,
2016. (Doc. 132).
Accordingly, IT IS ORDERED:
1.

All claims against Defendant Jacob Johnson are dismissed without

prejudice for failure to effect service on Johnson.
2.

The Clerk is directed to enter a judgment that dismisses all claims

against Defendants Ceth Haggard, Jeremy Alvarez, and the City of Dillon, with
prejudice; and dismisses all claims against Defendant Johnson without prejudice.
DATED this 23rd day of August, 2017.

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