Stelmaszek v. Omaha World Herald Co. et al

Filing 8

MEMORANDUM AND ORDER - Plaintiff shall have until August 10, 2015, to complete service of process or to show cause why this case should not be dismissed for his failure to effect service of process. If plaintiff does not respond, or if good cause is not shown, this action will be dismissed without prejudice and without further notice. The Clerk's Office is directed to set a pro se case management deadline with the following text: August 10, 2015: deadline for plaintiff to show cause why service of process was not completed. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LEONARD STELMASZEK,
Plaintiff,
vs.

8:15-CV-80
MEMORANDUM AND ORDER

OMAHA WORLD HERALD CO., et
al.,
Defendants.
This matter is before the Court on its own motion. Plaintiff filed this
case on March 3, 2015. The record shows that plaintiff has yet to complete
service of process. Pursuant to Federal Rule of Civil Procedure 4, service of
process must be completed within 120 days after the complaint is filed. Fed.
R. Civ. P. 4(m).
Where service has not been completed within 120 days after the filing
of the complaint, the Court may, on its own motion, dismiss the action
without prejudice, or order that service be made within a specified time,
provided that the plaintiff is first notified. Fed. R. Civ. P. 4(m). Additionally,
if a plaintiff shows there was "good cause" for the failure to complete service
in a timely fashion, the Court must extend the time for service for an
appropriate period. Fed. R. Civ. P. 4(m); Adams v. AlliedSignal Gen. Aviation
Avionics, 74 F.3d 882, 887 (8th Cir. 1996). Accordingly,
IT IS ORDERED:
1.

Plaintiff shall have until August 10, 2015, to complete
service of process or to show cause why this case should not
be dismissed for his failure to effect service of process. If
plaintiff does not respond, or if good cause is not shown,
this action will be dismissed without prejudice and without
further notice.

2.

The Clerk’s Office is directed to set a pro se case
management deadline with the following text: August 10,
2015: deadline for plaintiff to show cause why service of
process was not completed.

Dated this 8th day of July, 2015.
BY THE COURT:
John M. Gerrard
United States District Judge

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Notice Regarding Federal Rule of Civil Procedure 4(i)
Federal Rule of Civil Procedure 4(i) regarding “Serving the United States and
Its Agencies, Corporations, Officers, or Employees,” states:
(1) United States. To serve the United States, a party must:
(A)(i) deliver a copy of the summons and of the complaint to the
United States attorney for the district where the action is
brought--or to an assistant United States attorney or
clerical employee whom the United States attorney
designates in a writing filed with the court clerk--or
(ii) send a copy of each by registered or certified mail to the
civilprocess clerk at the United States attorney’s office;
(B)

send a copy of each by registered or certified mail to the
Attorney General of the United States at Washington, D.C.;

and
(C) if the action challenges an order of a nonparty agency or
officer
of the United States, send a copy of each by registered or
certified mail to the agency or officer.
(2) Agency; Corporation; Officer or Employee Sued in an Official Capacity. To
serve a United States agency or corporation, or a United States officer or
employee sued only in an official capacity, a party must serve the United
States and also send a copy of the summons and of the complaint by
registered or certified mail to the agency, corporation, officer, or employee.
(3) Officer or Employee Sued Individually. To serve a United States officer or
employee sued in an individual capacity for an act or omission occurring in
connection with duties performed on the United States' behalf (whether or
not the officer or employee is also sued in an official capacity), a party must
serve the United States and also serve the officer or employee under Rule
4(e), (f), or (g).

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(4) Extending Time. The court must allow a party a reasonable time to cure
its failure to:
(A)
the

serve a person required to be served under Rule 4(i)(2), if
party has served either the United States attorney or the
Attorney General of the United States; or

(B)

serve the United States under Rule 4(i)(3), if the party has
served the United States officer or employee.

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