Herrera v. Mowry et al
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,
TAMMY MOWRY, et al.,
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
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