Partusch v. Peck

Filing 7

ORDER TO SHOW CAUSE - The plaintiff has until the close of business on December 2, 2013, to file with the Clerk of Court evidence of service or show cause why this case should not be dismissed as against the defendant for failure to prosecute. Show Cause Deadline set for 12/2/2013. Ordered by Magistrate Judge Thomas D. Thalken. (Copy e-mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

JAMIE PARTUSCH,
Plaintiff,

8:13CV185

vs.

ORDER

AMY L. PECK,
Defendant.

This matter is before the court after a review of the court file 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, Federal
Rule of Civil Procedure 4(m) establishes a 120-day time limit for service of process on
any defendant in a civil case, absent a showing of good cause.
In this case the complaint was filed on June 21, 2013. See Filing No. 1. On
August 5, 2013, the plaintiff filed an amended complaint. See Filing No. 5. On that
date, the Clerk of Court issued a summons to the plaintiff for her to serve the defendant.
See Filing No. 6. The plaintiff has initiated no other action in this matter. There is no
evidence in the record the plaintiff served process on the defendant. The deadline for
service of process expired on or about October 23, 2013. 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 2, 2013, to file with the
Clerk of Court evidence of service or show cause why this case should not be
dismissed as against the defendant for failure to prosecute.
Dated this 31st day of October, 2013.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge