White v. Sarpy County, Nebraska et al

Filing 14

ORDER TO SHOW CAUSE - The plaintiff shall show cause why this case should not be dismissed for failure to prosecute the Sarpy County jail or file the proof of service electronically on or before the close of business on March 2, 2010. Show Cause Deadline set for 3/2/2010.Ordered by Magistrate Judge Thomas D. Thalken. (MKR)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA EMILY WHITE, ) ) Plaintiff, ) ) vs. ) ) SARPY COUNTY, NEBRASKA, ) SARPY COUNTY JAIL, ) UNKNOWN CORRECTIONAL OFFICERS,) and UNKNOWN PHYSICIANS, ) ) Defendants. )

8:09CV327 ORDER

This matter is before the court sua sponte, and pursuant to NECivR 41.2, which
s ta te s in pertinent part: "At any time, a case not being prosecuted with reasonable diligence m a y be dismissed for lack of prosecution." Further, Fed. R. Civ. P. 4(m) establishes a 120d a y time limit for service of process on a defendant in a civil case, absent a showing of good c a us e . In this case the complaint was filed on August 18, 2009, in the District Court of Sarpy C o u n ty, Nebraska. See Filing No. 1 - Ex. 1. Accordingly, the deadline for service of process e x pire d on or about December 18, 2009. Although the matter was removed to the United S ta te s District Court for the District of Nebraska and one of the defendants has made an a p pe a ra n ce , there exists no proof of service of process on the other named defendant, Sarpy C o u n t y Jail. Therefore, the plaintiff must make a showing of good cause for the failure of tim e ly service or the action must be dismissed as against the Sarpy County Jail. Upon c o n s i d e ra t i o n , 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 the Sarpy County Jail or file the proof of service electronically on or before the c lo s e of business on March 2, 2010.

Dated this 16th day of February, 2010. BY THE COURT: s/Thomas D. Thalken United States Magistrate Judge