Zuck v. Peart et al

Filing 46

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff will be given 60 days from the date of this Memorandum and Order to complete service of process on Defendants. If Plaintiff does not complete service of process within 60 days, his clai ms against any unserved defendants may be dismissed without prejudice and without further notice, and this action will proceed only as to Plaintiff's claims against the defendants who have been served. The clerk's office is directed to se t a pro se case management deadline with the following text: March 6, 2014: Deadline for Plaintiff to complete service of process. Plaintiff's "Motion for Extension of Time to Serve Defendants" (Filing No. 43 ) is granted only to the extent that it is consistent with this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WILLIAM ZUCK,
Plaintiff,
v.
MARIO PEART, et al.,
Defendants.

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4:12CV3252

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s “Motion for Extension of Time to
Serve Defendants.” (Filing No. 43.) Rule 4 of the Federal Rules of Civil Procedure
requires the court to extend the time for service if a “plaintiff shows good cause for
the failure [to serve].” Fed. R. Civ. P. 4(m). Plaintiff’s allegations, when liberally
construed, show good cause for Plaintiff’s failure to serve Defendants within 120
days. Accordingly,
IT IS THEREFORE ORDERED that:
1.
Plaintiff will be given 60 days from the date of this Memorandum and
Order to complete service of process on Defendants.
2.
If Plaintiff does not complete service of process within 60 days, his
claims against any unserved defendants may be dismissed without prejudice and
without further notice, and this action will proceed only as to Plaintiff’s claims against
the defendants who have been served.
3.
The clerk’s office is directed to set a pro se case management deadline
with the following text: March 6, 2014: Deadline for Plaintiff to complete service of
process.

4.
Plaintiff’s “Motion for Extension of Time to Serve Defendants” (Filing
No. 43) is granted only to the extent that it is consistent with this Memorandum and
Order.
DATED this 6th day of January, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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