Jones v. Commissioner of Social Security Administration

Filing 5

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 re 1 Complaint, 4 Summons Issued as to USA. Signed by District Judge Martin Reidinger on 04/01/2010. (thh)

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION C IV IL CASE NO.1:09cv00430

L O IS A. JONES, P l a i n t if f , vs . M IC H AE L J. ASTRUE, C o m m is s io n e r of Social Security, D e fen d a n t. )

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ORDER

TH IS MATTER is before the Court sua sponte to provide the Plaintiff with notice pursuant to Federal Rule of Civil Procedure 4(m). On November 25, 2009, the Plaintiff initiated this action by filing a c o m p la in t. [Doc. 1]. To date, the Plaintiff has not filed proof of service. F e d e ra l Rule of Civil Procedure 4 provides: If a defendant is not served within 120 days after the c o m p la in t is filed, the court­on motion or on its own a fte r notice to the plaintiff­must dismiss the action with o u t prejudice against that defendant or order that s e rvic e be made within a specified time. But if the p la in tiff shows good cause for the failure, the court m u s t extend the time for service for an appropriate p e r io d . F e d .R .C iv .P . 4(m).

Plaintiff is hereby placed on notice that unless good cause is shown fo r the failure to issue and effect service of a summons and complaint on th e Defendant, this action shall be dismissed without prejudice. IT IS, THEREFORE, ORDERED that on or before fifteen (15) days of e n try of this Order, the Plaintiff shall show good cause for the failure to e ffe c t service on the Defendant.
Signed: April 1, 2010