Herrera v. Mowry et al

Filing 35

MEMORANDUM AND ORDER - Plaintiff will be given 45 days from the date of this Memorandum and Order to serve Jesse Robbins. If Plaintiff does not serve Jesse Robins within 45 days, Plaintiff's claims against Jesse Robins will be dismissed with out prejudice and without further notice, and this action will proceed only as to Plaintiff's claims against the other five defendants. The clerk's office is directed to set a pro se case management deadline with the following text: Septe mber 9, 2013: Deadline for Plaintiff to serve Jesse Robins. If service is not accomplished by this date, dismiss Plaintiff's claims against Jesse Robins and enter a progression order as to remaining defendants. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PIMENIO VELA HERRERA,
Plaintiff,
v.
TAMMY MOWRY, in their
individual capacity, MONTE
HOVIC, in their individual capacity,
JESSE ROBINS, in their individual
capacity, HAHN, Deputy, in their
individual capacity, STEPHENS,
Deputy, in their individual capacity,
and JEREMY BRUNGARD, in their
individual capacity,
Defendants.

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8:12CV321

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s “Motion to Show Cause Why
Plaintiff’s Claims Against Jesse Robins Should Not Be Dismissed.” (Filing No. 34.)
Plaintiff’s Motion is a response to the court’s order from June 28, 2013, which
required Plaintiff to “show cause why Plaintiff’s claims against Defendant Jesse
Robins should not be dismissed” for failure to serve him within 120 days. (See Filing
No. 33.) In his Motion, Plaintiff explains that he has been diligent in his attempts to
serve Jesse Robins, and he seeks additional time in which to serve Jesse Robins.
(Filing No. 34 at CM/ECF pp. 1-2.)
Rule 4 of the Federal Rules of Civil Procedure requires the court to extend the
time for service if a “plaintiff shows good cause for the failure [to serve].” Fed. R.
Civ. P. 4(m). Plaintiff’s allegations, when liberally construed, show good cause for
Plaintiff’s failure to serve Jesse Robins within 120 days. Accordingly,

IT IS THEREFORE ORDERED that:
1.
Plaintiff will be given 45 days from the date of this Memorandum and
Order to serve Jesse Robbins.
2.
If Plaintiff does not serve Jesse Robins within 45 days, Plaintiff’s claims
against Jesse Robins will be dismissed without prejudice and without further notice,
and this action will proceed only as to Plaintiff’s claims against the other five
defendants.
3.
The clerk’s office is directed to set a pro se case management deadline
with the following text: September 9, 2013: Deadline for Plaintiff to serve Jesse
Robins. If service is not accomplished by this date, dismiss Plaintiff’s claims against
Jesse Robins and enter a progression order as to remaining defendants.
DATED this 25th day of July, 2013.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

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