Nussrallah v. Berryhill
ORDER that the plaintiff's complaint is dismissed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (MBM)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
STACY LOU NUSSRALLAH,
NANCY BERRYHILL, Acting
Commissioner of the Social Security
This matter is before the Court on its own motion. Pursuant to Fed. R.
Civ. P. 4(m), a plaintiff must serve process on the defendant within 90 days of
filing the complaint. The plaintiff's complaint was filed on December 21,
2017, and the plaintiff has not filed a return of service indicating service on
the defendant, nor has the defendant appeared voluntarily. The Court
entered an order (filing 4) directing the plaintiff to show cause on or before
April 12, 2018, why her claims should not be dismissed for lack of
prosecution. The plaintiff has not responded.
An involuntary dismissal for failure to serve process, failure to comply
with the Court's order, or for failure to prosecute, is within the Court's
discretion. Rule 4(m); Fed. R. Civ. P. 41(b); see Schooley v. Kennedy, 712 F.2d
372, 373-74 (8th Cir. 1983). The plaintiff has failed to serve process, failed to
comply with the Court's orders, and generally failed to prosecute the case.
IT IS ORDERED:
The plaintiff's complaint is dismissed.
A separate judgment will be entered.
Dated this 13th day of April, 2018.
BY THE COURT:
John M. Gerrard
United States District Judge
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