Davis v. Caldwell et al

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 each of the Defendants. Signed by District Judge Martin Reidinger on 9/7/10. (siw)

D a v i s v. Caldwell et al

Doc. 5

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION C IV IL CASE NO. 1:10cv93

H ATTIE CALDWELL DAVIS, P l a i n t if f , vs . W AY N E T. CALDWELL and R AN D O M HOUSE, INC., D e fe n d a n ts .

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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 April 30, 2010, the Plaintiff initiated this action by filing a complaint. [D o c . 1]. On May 4, 2010, summons issued as to each Defendant and

c o u n s e l was instructed to print and serve in accordance with Federal Rule of C ivil Procedure 4. [Doc. 3; Doc. 4]. To date, the Plaintiff has not filed proof of service. Federal Rule of Civil P ro c e d u re 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 1

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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). A lth o u g h the 120 day period within which to effect service has expired, proof o f service has not been entered in the record. Plaintiff is hereby placed on n o tic e that unless good cause is shown for the failure to effect service of the s u m m o n s and complaint on each of the Defendants, this action shall be d is m is s e d 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 effect s e rvic e on each of the Defendants.
Signed: September 7, 2010

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