Gronewold v. First National Bank of Omaha et al

Filing 7

ORDER TO SHOW CAUSE - that Plaintiff shall have until July 30, 2018, to show cause why this case should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m). The failure to timely comply with this order may result in dismissal of this action without further notice. Ordered by Magistrate Judge Michael D. Nelson. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RANDALL ALAN GRONEWOLD,
Plaintiff,

8:18CV159

vs.
ORDER TO SHOW CAUSE
FIRST NATIONAL BANK OF OMAHA,
CLARK D. LAURITZEN, CLARK
INTERNATIONAL, and ADAMS COUNTY
SHERIFF’S DEPT.,
Defendants.
Federal Rule of Civil Procedure 4(m) provides, “If a defendant is not served within 90 days
after the complaint is filed, the court -- on motion or on its own after notice to the plaintiff -- must
dismiss the action without prejudice against that defendant or order that service be made within a
specified time.” Fed. R. Civ. P. 4(m). “The plaintiff is responsible for having the summons and
complaint served within the time allowed by Rule 4(m)[.]” Fed. R. Civ. P. 4(c)(1).
Plaintiff, proceeding pro se, filed the Complaint on April 11, 2018, (Filing No. 1), and paid
the filing fee on May 8, 2018 (Filing No. 5). More than 90 days have elapsed since the Complaint
was filed. To date, Plaintiff has not requested summons nor filed any return of service or waiver
indicating service was perfected on the defendants, and the defendants have not entered a voluntary
appearance. Accordingly,

IT IS ORDERED that Plaintiff shall have until July 30, 2018, to show cause why this
case should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m). The failure to
timely comply with this order may result in dismissal of this action without further notice.
Dated this 12th day of July, 2018.
BY THE COURT:
s/ Michael D. Nelson
United States Magistrate Judge