Herrera v. Mowry et al

Filing 46

MEMORANDUM AND ORDER - Plaintiff's claims against Defendant Jesse Robins are dismissed without prejudice. 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, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

8:12CV321

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On July 25, 2013, the court extended the
time in which Plaintiff had to serve Defendant Jesse Robins. The court warned Plaintiff that if he
“did 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.” (Filing No. 35 at CM/ECF p. 2.) More than 251 days have passed
since the court allowed this matter to proceed to service of process. To date, Plaintiff has not served
Jesse Robins, and the time in which to do so has long passed. For this reason:
IT IS THEREFORE ORDERED that: Plaintiff’s claims against Defendant Jesse Robins are
dismissed without prejudice.
DATED this 22nd day of October, 2013.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District
of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide
on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The court
accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to
work or directs the user to some other site does not affect the opinion of the court.