Nelson v. Skrobecki et al

Filing 10

MEMORANDUM AND ORDER - Plaintiff must show cause within 21 days why this case should not be dismissed for want of prosecution. Failure to respond to this Memorandum and Order will result in dismissal of this action without prejudice and without further notice. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LINDA NELSON,
Plaintiff,
v.
DENISE SKROBECKI, et al.,
Defendants.

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4:14CV3010

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On June 18, 2014, the court
determined Plaintiff’s claims for injunctive relief against Defendants in their official
capacities and her claims against Defendants in their individual capacities could
proceed to service of process. (See Filing No. 9 at CM/ECF p. 8.) The court ordered
Plaintiff to complete and return summons forms delivered to her by the clerk’s office.
The court warned Plaintiff that “failure to obtain service of process on a defendant
within 120 days . . . may result in dismissal of this matter without further notice as to
such defendant.” (Filing No. 9 at CM/ECF p. 9.) To date, Plaintiff has not returned
the summons forms or taken any other action in this case. Thus, Plaintiff is ordered
to show cause within 21 days why this case should not be dismissed for want of
prosecution.
Plaintiff provided the address for the Nebraska Center for Women in her
Complaint, where all of the named defendants are employed. Therefore, the officers
of this court will complete the service of process forms if Plaintiff is unable to do so.
See Moore v. Jackson, 123 F.3d 1082, 1085-86 (8th Cir. 1997) (per curiam) (where
inmate’s complaint listed all defendants’ addresses, it was improperly dismissed under
Federal Rule of Civil Procedure 4(m) for lack of timely service, as completing
waiver-of-service forms was component of “all process” and “all duties” required by
court officers, and was United States Marshals’ responsibility). However, Plaintiff
must provide some indication that she wishes to continue to prosecute this matter.

IT IS THEREFORE ORDERED that: Plaintiff must show cause within 21 days
why this case should not be dismissed for want of prosecution. Failure to respond to
this Memorandum and Order will result in dismissal of this action without prejudice
and without further notice.
DATED this 30th day of October, 2014.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases
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