Lim v. US Marshals, et al

Filing 18

MEMORANDUM AND ORDER - IT IS RECOMMENDED to the Honorable John M. Gerrard, United States District Judge, pursuant to 28 U.S.C. § 636(b), that the complaint be dismissed for failure of service and want of prosecution. The parties are notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the courts adoption of the recommendation. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN DEWEY LIM,
Plaintiff,

8:16CV254

vs.
MEMORANDUM AND ORDER
US MARSHALS, JOHN DOE #1, and
JOHN DOE #2,
Defendants.

Based on the court’s record, Plaintiff was given until February 23, 2017 to
serve the complaint, filed on June 6, 2016, on the United States of America. To
date the complaint has not been served on Defendants and Defendants has not
voluntarily appeared.

The court entered an order requiring Plaintiff to show

cause why this case should not be dismissed pursuant to Federal Rule of Civil
Procedure 4(m) or for want of prosecution, and warned that absent a timely
response, this case may be dismissed without further notice. (Filing No. 16). The
court attempted to serve a copy of the show cause order on Plaintiff, but the mail
was returned as “refused.” The deadline for responding to the show cause order
was April 14, 2017. No response or other communication from Plaintiff has been
filed.

Accordingly,

IT IS RECOMMENDED to the Honorable John M. Gerrard, United States
District Judge, pursuant to 28 U.S.C. § 636(b), that the complaint be dismissed
for failure of service and want of prosecution.

The parties are notified that failing to file an objection to this
recommendation as provided in the local rules of this court may be held to be a
waiver of any right to appeal the court’s adoption of the recommendation.

Dated this 24th day of April, 2017.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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