Wisely v. Astrue

Filing 6

ORDER - The plaintiff shall show cause why this case should not be dismissed for failure to prosecute or file the proof of service electronically on or before the close of business on August 4, 2009. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA S AN D R A LOUISE WISELY, P l a in tif f , vs . M IC H AE L J. ASTRUE, D e fen d a n t. ) ) ) ) ) ) ) ) )

7 :0 9 C V 5 0 0 1 ORDER

T h is matter is before the court sua sponte and pursuant to NECivR 41.2, which states in pertinent part: "At any time, a case not being prosecuted with reasonable diligence may b e dismissed for lack of prosecution." Further, Fed. R. Civ. P. 4(m) establishes a 120-day tim e limit for service of process on the defendant in a civil case, absent a showing of good c a us e . In this case the complaint was filed on March 15, 2009. See Filing No. 1. Accordingly, th e deadline for service of process expired on or about July 13, 2009. Although the plaintiff w as granted leave to proceed in forma pauperis, there is no proof of service of process on the d e fe n da n t or evidence the appropriate summonses were issued pursuant to the court's March 1 6 , 2009, Order. See Filing No. 5. Therefore, the plaintiff must make a showing of good c a us e for the failure of timely service or the action must be dismissed. Upon consideration,

IT IS ORDERED: T h e plaintiff shall show cause why this case should not be dismissed for failure to p ro s ec u te or file the proof of service electronically on or before the close of business on Au g us t 4, 2009. D a te d this 20th day of July, 2009. B Y THE COURT: s/Thomas D. Thalken U n ite d States Magistrate Judge