Ashford v. City of Omaha et al

Filing 15

MEMORANDUM AND ORDER -Plaintiff shall have until April 25, 2013, to show cause why this case should not be dismissed for his failure to effect service of process. If Plaintiff does not respond, or if good cause is not shown, this action will be dis missed without prejudice and without further notice. ( Pro Se Case Management Deadline set for 4/25/2013: deadline for Plaintiff to show cause why service of process was not completed.) Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DEVIN ASHFORD,
Plaintiff,
v.
CITY OF OMAHA, et al.,
Defendants.

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8:12CV166

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. The court conducted an
initial review of Plaintiff’s Complaint on October 24, 2012, in which it determined
that Plaintiff’s claims against Defendants could proceed to service. (Filing No. 14.)
The court directed the clerk’s office to send to Plaintiff 24 blank summons forms for
use in completing service of process on Defendants within 120 days from the date of
the court’s October 24 Memorandum and Order. (Id.) The Docket Sheet reflects that
the clerk’s office sent these blank summons forms to Plaintiff on October 24, 2012.
The Docket Sheet also reflects that Plaintiff has not returned the completed summons
forms to the clerk’s office or completed service of process.
Federal Rule of Civil Procedure 4 requires that service of process be completed
“within 120 days after the complaint is filed.” Fed. R. Civ. P. 4(m). A court must
extend the time for service if a plaintiff shows there was “good cause” for the failure
to serve within 120 days. Id.; Adams v. AlliedSignal Gen. Aviation Avionics, 74 F.3d
882, 887 (8th Cir. 1996). Upon careful consideration,
IT IS THEREFORE ORDERED that:
1.
Plaintiff shall have until April 25, 2013, to show cause why this case
should not be dismissed for his failure to effect service of process. If Plaintiff does

not respond, or if good cause is not shown, this action will be dismissed without
prejudice and without further notice.
2.
The clerk’s office is directed to set a pro se case management deadline
with the following text: April 25, 2013: deadline for Plaintiff to show cause why
service of process was not completed.
DATED this 25th day of March, 2013.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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