Kirton v. US Department of Justice et al

Filing 10

ORDER re 9 Response to Order to Show Cause filed by plaintiff. In light of plaintiff's response, this Court will not recommend dismissal at this time. However, it is counsel's obligation to ensure that defendants have been properly ser ved, and counsel must proceed diligently to effect proper service on defendants. If plaintiff does not file affidavits showing proper service by June 23, 2017, this Court will recommend dismissal pursuant to Rule 4(m). See attached for further discussion. Ordered by Chief Mag. Judge Roanne L. Mann on 5/23/2017. (Proujansky, Josh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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MICHELLE KIRTON,
Plaintiff,

ORDER

-against-

16-CV-6539 (DLI)

U.S. DEPARTMENT OF JUSTICE, et al.,
Defendants.
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By Order dated May 2, 2017, this Court directed plaintiff to show cause, in writing, why
the case should not be dismissed for failure to effect service within 90 days, pursuant to Fed. R.
Civ. P. 4(m), and for lack of prosecution, pursuant to Fed. R. Civ. P. 41(b). See Order to Show
Cause (May 2, 2017), Electronic Case Filing Docket Entry ("DE") #7. In response, counsel for
plaintiff states that the failure to properly serve defendant U.S. Department of Justice was due to
an oversight by the process server. See Response to Order to Show Cause (May 18, 2017) at 1,
DE #9. Counsel further details the process server's multiple unsuccessful attempts to serve
defendants U.S. Bureau of Prisons and Lt. Steven Barrere. See id. at 1-2. In light of the
foregoing, this Court will not recommend dismissal at this time. However, it is counsel's
obligation to ensure that defendants have been properly served, and counsel must proceed
diligently to effect proper service on defendants. If plaintiff does not file affidavits showing
proper service by June 23, 2017, this Court will recommend dismissal pursuant to Rule 4(m).

SO ORDERED.
Dated:

Brooklyn, New York
May 23, 2017

Roanne L. Mann

/s/
ROANNE L. MANN
UNITED STATES MAGISTRATE JUDGE