GIBBS v. UNIVERSITY CORRECTIONAL HEALTHCARE et al
MEMORANDUM & ORDER granting 19 Plaintiff's Motion for Extension of Time to Serve Defendant until 8/12/2015. Signed by Judge Michael A. Shipp on 6/10/2015. (eaj)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civil Action No.: 14-7138 (MAS)
MEMORANDUM AND ORDER
HEALTHCARE, et al.,
Presently before the Court is Plaintiffs Second Motion for Extension of Time for Service
of Process. It appearing that:
1. The Court previously granted Plaintiff in forma pauperis status and ordered the United
States Marshal to serve summons and copies of the Complaint upon Defendants. (ECF No. 2.)
2. Summons for four of the defendants were returned unexecuted because the United States
Marshal could not locate these defendants, as they are no longer employees at the prison where
Plaintiff is confined. (ECF No. 5.)
3. The Court granted Plaintiffs First Motion for Extension of Time for Service on the ground
that Plaintiff had shown good cause under Fed. R. Civ. P. 4(m). to extend time for service, (ECF
No. 12), in order to allow Plaintiff to properly serve these four defendants.
4. Plaintiff is again requesting additional time for service, as some of the summons still have
not been properly served by the United States Marshal; out of the ten summons that were issued,
four returned unexecuted as stated above, three have been ·executed, while three remain
outstanding. Under the Federal Rules of Civil Procedure, "if the plaintiff shows good cause for
the failure [to serve], the court must extend the time for service for an appropriate period." Fed.
R. Civ. P. 4(m). Here, the Court finds that Plaintiff has shown good cause for an extension of
time. See Novak v. Posten Taxi Inc., 386 F. App'x 276, 277 n.1 (3d Cir. 2010) ("Marshals
Service's failure to effectuate service on behalf of an in forma pauperis plaintiff may constitute
'good cause' within the meaning of Rule 4(m)").
IT IS therefore on this / D+1< day of
ORDERED that Plaintiffs Motion for Extension of Time for Service of Process, (ECF
No. 19), is hereby GRANTED; it is further
ORDERED that Petitioner shall have until August 12, 2015 to complete service of all
Defendants; and it is further
ORDERED that the Clerk of the Court shall serve a copy of this Order upon Petitioner by
regular U.S. mail.
Michael A. Shipp
United States District Judge
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