Swaroff v. Berryhill

Filing 9

ORDER that Plaintiff shall have until September 12, 2017, to show cause why this case should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m) or for want of prosecution. The failure to timely comply with this order may result in dismissal of this action without further notice. Ordered by Magistrate Judge Michael D. Nelson. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CYNTHIA SWAROFF,
4:17CV3063

Plaintiff,
vs.

ORDER

NANCY A. BERRYHILL, commissioner of
Social Security;
Defendant.

Federal Rule of Civil Procedure 4(m) provides, “If a defendant is not served within 90
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.” Fed. R. Civ. P. 4(m).
Plaintiff commenced this action on May 31, 2017. (Filing No. 1). To date, Plaintiff has
neither requested summons nor filed any return of service indicating service on Defendant, and
Defendant has not entered a voluntary appearance. Accordingly,

IT IS ORDERED that Plaintiff shall have until September 12, 2017, to show cause why
this case should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m) or for want of
prosecution. The failure to timely comply with this order may result in dismissal of this action
without further notice.
Dated this 30th day of August 2017.
BY THE COURT:

s/ Michael D. Nelson
United States Magistrate Judge