Fowler v. Triage Staffing Inc.

Filing 4

ORDER - IT IS ORDERED: The plaintiff has until the close of business on December 18, 2012, to file evidence of service or show cause why this case should not be dismissed for failure to prosecute the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT OLIVER FOWLER,
Plaintiff,
vs.
TRIAGE STAFFING, INC.,
Defendant.

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8:12CV252
ORDER

This 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 be dismissed for lack of prosecution.” Further, Fed. R. Civ. P. 4(m)
establishes a 120-day time limit for service of process on the defendant in a civil case,
absent a showing of good cause.
In this case the complaint was filed on July 24, 2012. See Filing No. 1. The plaintiff
has initiated no other action in this matter. There is no evidence in the record the plaintiff
has sought a summons or served process. The deadline for service of process expired on
or about November 21, 2012. The defendant has not made an appearance. It remains the

plaintiff’s duty to go forward in prosecuting the case. Under the circumstances, the plaintiff
must make a showing of good cause for the failure of timely service or the action must be
dismissed against the defendant. Upon consideration,

IT IS ORDERED:
The plaintiff has until the close of business on December 18, 2012, to file evidence
of service or show cause why this case should not be dismissed for failure to prosecute the
defendant.
Dated this 29th day of November, 2012.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge