Melvin v. The United States of America et al

Filing 6

ORDER granting 5 Motion for Extension of Time and granting 5 Motion for Summons to be Re-Issued. Signed by District Judge Terrence W. Boyle on 6/29/2016. Copy mailed to pro se plaintiff via US Mail to 4949 Fieldcrest Drive, Fayetteville, NC 28306. (Romine, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:16-CV-73-BO
PAMELA MELVIN,
Plaintiff,
v.

UNITED STATES OF AMERICA, et al.,
Defendants.

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ORDER

This matter comes before the Court on plaintiffs motion for extension of time to serve
process and motion to re-issue summonses. [DE 5].
BACKGROUND
Plaintiff brought suit on February 12,2016. [DE 1]. Nothing on the docket indicates she
has served any of the nine defendants. Consequently, on June 6, 2016, plaintiff filed the instant
motion for extension of time to serve process and to re-issue the summonses. [DE 5].
DISCUSSION
Federal Rule of Civil Procedure 4 states "[a] summons must be served with a copy ofthe
complaint. The plaintiff is responsible for having the summons and complaint served within the
time allowed by Rule 4(m) ... "Fed. R. Civ. P. 4(c)(l). Rule 4(m), at the relevant time, allowed
plaintiff90 days to make service. Fed. R. Civ. P. 4(m). After that time has elapsed the court-on
motion or on its own after notice to plaintiff-must dismiss the action without prejudice or order
that service be made within a specified time. !d. If plaintiff shows good cause for the failure, the
court must extend the time for service for an appropriate period. !d. Accordingly, plaintiffs time
for effecting service is extended to and includes July 8, 2016. Plaintiff shall effect service and
file proof of the same within that time or this case will be dismissed.

Plaintiff has also requested that the summonses be re-issued. Strictly speaking, this is not
necessary, as summonses do not expire. However, in order to prevent any further delay with
service in this matter, the clerk is directed to re-issue the summonses.
CONCLUSION
Plaintiffs motion is GRANTED. [DE 5]. Plaintiffhas until July 8, 2016, to effect service
and file proof the same or this case will be dismissed. Additionally, the clerk is directed toreissue the summonses.

SO ORDERED, this

a

day of June, 2016.

~E~./J¥
UNITED STATES DISTRICT JUDGE

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