Bosonetto et al v. Richmond et al

Filing 22

ORDER: Plaintiffs shall make proper service on or before December 14, 2012, or defendant Sean McElhiney will be dismissed without prejudice. So Ordered by Magistrate Judge Landya B. McCafferty.(ko)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

Nicolas Bosonetto, et al.
v
.

Civil No. 12-cv-277-JL

Town of Richmond, et al.

O R D E R
On October 17, 2012, the plaintiffs filed a Motion for
leave to name an additional defendant and file an amended
complaint.

On November 8, 2012, the Court granted the motion

and ordered plaintiffs to serve Sean McElhiney with the amended
complaint, pursuant to Fed R. Civ. 4, within twenty-one days of
the date of that order.
On November 21, 2012, plaintiff Nicholas Bossenetto filed a
certificate of service for Sean McElhiney.

The certificate of

service indicates that plaintiff Nicholas Bossenetto served the
summons.

Pursuant to Fed R. Civ. 4(c) this service is improper.

Rule 4(c) states “Any person who is at least 18 years old and not
a party may serve a summons and complaint.”

It is herewith

ordered that the plaintiffs shall make proper service on or

before December 14, 2012, or defendant Sean McElhiney will be
dismissed without prejudice.

SO ORDERED.

Landya B. McCafferty
U.S. Magistrate Judge
November 28, 2012
cc:

Nicolas Bosonetto, pro se
Jill Bosonetto, pro se
Daniel J. Mullen, Esq.