Kaeding vs Commissioner of Social Security Admin
Filing
4
ORDER that on or before fifteen (15) days of entry of this Order, the Plaintiff shall show good cause for the failure to effect service on the Defendant. Signed by District Judge Martin Reidinger on 2/12/10. (siw)
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO.1:09cv00382
IRENE A. KAEDING, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
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ORDER
THIS MATTER is before the Court sua sponte to provide the Plaintiff with notice pursuant to Federal Rule of Civil Procedure 4(m). On October 9, 2009, the Plaintiff initiated this action by filing a complaint. [Doc. 1]. To date, the Plaintiff has not filed proof of service. Federal Rule of Civil Procedure 4 provides: If a defendant is not served within 120 days after the complaint is filed, the courton motion or on its own after notice to the plaintiffmust dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure,
the court must extend the time for service for an appropriate period. Fed.R.Civ.P. 4(m). Plaintiff is hereby placed on notice that unless good cause is shown for the failure to issue and effect service of a summons and complaint on the Defendant, this action shall be dismissed without prejudice. IT IS, THEREFORE, ORDERED that on or before fifteen (15) days of entry of this Order, the Plaintiff shall show good cause for the failure to effect service on the Defendant.
Signed: February 12, 2010
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