Zimmerman v. Walgreen Co

Filing 9

ORDER. IT IS HEREBY ORDERED that Zimmerman v. Walgreen Co. (case number 2:17-cv-00993-JCM-GWF) be, and the same hereby is, DISMISSED without prejudice. Signed by Judge James C. Mahan on 9/21/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KEVIN ZIMMERMAN,

Case No. 2:17-CV-993 JCM (GWF)

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Plaintiff(s),

ORDER

v.
WALGREEN CO.,

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Defendant(s).

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Presently before the court is the matter of Zimmerman v. Walgreen Co., case number 2:17cv-00993-JCM-GWF.

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Federal Rule of Civil Procedure 4(m) provides: “If a defendant is not served within 90 days

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after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must

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dismiss the action without prejudice against that defendant or order that service be made within a

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specified time.” Fed. R. Civ. P. 4(m).

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The underlying action was filed on April 6, 2017. On July 12, 2017, pursuant to Federal

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Rule of Civil Procedure 4(m), the clerk of court filed a notice of intent to dismiss if plaintiff did

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not provide proof of service by August 11, 2017. (ECF No. 8). To date, plaintiff has not

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demonstrated proof of service on defendant. Dismissal pursuant to 4(m) is proper.

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Accordingly,

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IT IS HEREBY ORDERED that Zimmerman v. Walgreen Co. (case number 2:17-cv-

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James C. Mahan
U.S. District Judge

00993-JCM-GWF) be, and the same hereby is, DISMISSED without prejudice.
DATED September 21, 2017.
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UNITED STATES DISTRICT JUDGE