Zondo v. Montana State Prison et al

Filing 4

ORDERED that on or before April 20, 2018, Plaintiff shall file with the Court proof of service of summons and complaint on the Defendants or show cause why this cause should not be dismissed, without prejudice. Copy mailed to Zondo. Signed by Judge Brian Morris on 4/3/2018. (HEG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
PAUL ZONDO,
Plaintiff,

CV-17-93-H-BMM-JTJ

-vsMONTANA STATE PRISON and
MONTANA DEPARTMENT OF
CORRECTIONS,

ORDER

Defendants.

Plaintiffs filed this action on September 15, 2017. To date, Plaintiff has
failed to provide the Court with a return of service on the Defendants. Pursuant to
Fed. R. Civ. P. 4(m),which states:
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.
This subdivision (m) does not apply to service in a foreign country under
Rule 4(f), 4(h)(2) or 4(j)(1).
IT IS HEREBY ORDERED that on or before April 20, 2018, Plaintiff
shall file with the Court proof of service of summons and complaint on the

Defendants or show cause why this cause should not be dismissed, without
prejudice.
DATED this 3rd day of April, 2018.