Duffy v. Knadle

Filing 10

ORDER - The plaintiff has until the close of business on October 15, 2014, 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. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

MICHAEL E. DUFFY,
Plaintiff,

8:14CV147

vs.
ORDER
GREGORY KNADLE,
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 May 14, 2014. See Filing No. 1. The
plaintiff requested and the Clerk of Court issued summons. See Filing Nos. 8 and 9.
There is no evidence in the record the plaintiff served process on the defendant. The
deadline for service of process expired on or about September 11, 2014.

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 October 15, 2014, 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 1st day of October, 2014.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge