Evans v. First National Bank of Omaha

Filing 11

MEMORANDUM OPINION that this action will be dismissed without prejudice. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MILTON EVANS,

)
)
Plaintiff,
)
)
v.
)
)
FIRST NATIONAL BANK OF OMAHA, )
)
Defendant.
)
______________________________)

8:11CV124

MEMORANDUM OPINION

This matter is before the Court on its own motion.
Plaintiff filed this matter on April 4, 2011 (Filing No. 1).
After initial review of the complaint and amendment, the Court
ordered that summons be issued (Filing No. 9).

The clerk of the

court sent a summons form and a USM-285 form to plaintiff on
August 22, 2011.

(Id.)

However, plaintiff has not returned the

forms and has not completed service of process on defendant.
Indeed, plaintiff has taken no action in this matter since he
filed his amended complaint on July 1, 2011.

(See Docket Sheet.)

On January 19, 2012, the Court entered a Memorandum and
Order directing plaintiff to show cause why this case should not
be dismissed for failure to complete service of process (Filing
No. 10).

In that Memorandum and Order, the Court warned

plaintiff that failure to do so by February 17, 2012, would
result in dismissal of this matter “without prejudice and without
further notice.”

(Id.)

Plaintiff did not respond to the Court’s

January 19, 2012, Memorandum and Order.

A separate order will be

filed dismissing this action without prejudice.
DATED this 28th day of February, 2012.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

-2-