Hancock v. Bank of America, N.A. et al

Filing 22

Document Deleted. Docketed in Duplicate, see docket entery 21 . (nll) Modified text on 1/30/2013 (nll). NEF Regenerated.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-00239-MR

KENNETH HANCOCK,

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Plaintiff,
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vs.
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BANK OF AMERICA, N.A.,
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ANDREA DICKENS, and
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RONALD BERG,
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Defendants.
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___________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
On August 10, 2012, the Plaintiff filed this action against the
Defendants Bank of America, N.A., Andrea Dickens, and Ronald Berg.
[Doc. 1]. To date, there is nothing in the record to indicate that the Plaintiff
has served the Defendant Andrea Dickens.
Rule 4(m) of the Federal Rules of Civil Procedure provides, in
pertinent part, as follows:
If a defendant is not served within 120 days after
the complaint is filed, the court – on motion or on its
own after notice to the plaintiff – must 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).
The Plaintiff is hereby placed on notice that unless good cause is
shown to the Court for his failure to effect service of the Summons and
Complaint on Defendant Dickens within fourteen (14) days from service of
this Order, the Plaintiff’s action against this Defendant shall be dismissed
without prejudice without further order.
IT IS, THEREFORE, ORDERED that the Plaintiff shall show good
cause within fourteen (14) days of service of this Order for the failure to
effect service on the Defendant Andrea Dickens; and
IT IS FURTHER ORDERED that failure of the Plaintiff to respond in
writing within fourteen (14) days shall result in a dismissal without prejudice
of this action without further order of the Court.
IT IS SO ORDERED.

Signed: January 30, 2013

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