Nelson v. D.E.A. et al

Filing 31

ORDER - The plaintiff is given 30 days, or until December 23, 2015, to serve his summons and amended complaint on the new named defendants, in the, absence of which the case against them may be dismissed pursuant to Federal Rule of Civil Procedure 4(m) or for want of prosecution. ***Set/Reset All Deadlines: (Service of Summons due by 12/28/2015.) Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL TROY NELSON,
Plaintiff,

4:14CV3149

vs.
ORDER
BOB LAUSTEN, Chief of LaVista Police
Department, in his individual and official
capacity; JOHN DANDERAND, Officer of
LaVista Police Department, in his
individual and official capacity; BRYAN D.
WAUGH, Officer of La Vista Police Dept.,
In his individual and official capacity;
JAMES ESTWICK, Trooper with Nebraska
State Patrol, in his individual and official
capacity; P. JACOBSON, AND Badge
#199, rest unknown, in his individual and
official capacity; and JOHN DOES, names
presently unknown;
Defendants.
Plaintiff filed his original complaint in this case on July 24, 2014, (Filing No. 1),
and amended the complaint on February 6, 2015, (Filing No. 7). On May 26, 2015,
Plaintiff filed another amended complaint, (Filing No. 22), adding James Estwick, P.
Jacobsen and John Does as defendants. Pursuant to Federal Rule of Civil Procedure
4(m), the plaintiff must serve its complaint on the new defendants within 120 days of
filing the amended complaint. To date, plaintiff has not filed any return of service
indicating service on defendants Estwick or Jacobsen, and the defendants have not
entered a voluntary appearance

Accordingly,

IT IS ORDERED:
1)

The plaintiff is given 30 days, or until December 23, 2015, to serve his
summons and amended complaint on the new named defendants, in the

absence of which the case against them may be dismissed pursuant to
Federal Rule of Civil Procedure 4(m) or for want of prosecution.
2)

The clerk shall set a case management deadline of December 28, 2015 to
verify compliance with this order.

Dated this 23rd day of November, 2015
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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