Parker v. Colvin

Filing 10

ORDER- The plaintiff has until the close of business on October 8, 2015, 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 10/8/2015. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

BUDDY PARKER,
Plaintiff,

8:15CV186

vs.
ORDER
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
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 28, 2015. See Filing No. 1. The court
granted the plaintiff’s motion to proceed in forma pauperis. See Filing No. 4. The plaintiff
sought summonses and the court issued them. See Filing Nos. 7-9. 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
September 25, 2015.

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 8, 2015, 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 29th day of September, 2015.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge