Miller v. Griffith et al

Filing 57

ORDER that defendant Diana M. Steiner is dismissed from this action without prejudice. Signed by Judge James C. Mahan on 6/10/11. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JEAN MILLER,

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2:10-CV-1994 JCM (PAL)

Plaintiff,
v.
ALLAN R. GRIFFITH, et al.,

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Defendants.

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ORDER

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Presently before the court is the matter of Miller v. Griffith et al. (2:10-cv-01994-JCM -PAL).

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On November 15, 2010, plaintiff filed the instant complaint with this court. (Doc. #1). On

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April 26, 2011, the clerk of the court instructed plaintiff that the action would be dismissed as to

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defendant Diana M. Steiner pursuant to Federal Rule of Civil Procedure 4(m) if it did not file proof

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of service of process by May 26, 2011. (Doc. #51). Federal Rule of Civil Procedure 4(m) provides:

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“If a defendant is not served within 120 days after the complaint is filed, the court—on motion or

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on its own after notice to the plaintiff—must dismiss the action without prejudice.” To date, plaintiff

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had not filed proof of service with the court as to defendant Diana M. Steiner.

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Accordingly,

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...

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James C. Mahan
U.S. District Judge

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant Diana M.
Steiner be, and the same hereby is, DISMISSED from this action without prejudice.
DATED June 10, 2011.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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