Wilcoxson v. Buncombe County et al

Filing 37

ORDER that the Show Cause Order is DISCHARGED, and the Plaintiff's action against the John Doe Defendants will not be dismissed at this time. IT IS FURTHER ORDERED that the Plaintiff shall have 120 days from the entry of this Order within which to effectuate service upon the John Doe Defendants. Signed by District Judge Martin Reidinger on 07/28/2014. (thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00224-MR-DSC

ROBERT WILCOXSON,

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Plaintiff,
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vs.
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BUNCOMBE COUNTY, et al.,
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Defendants.
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________________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Response to
Order to Show Cause [Doc. 34].
On July 3, 2014, the Court entered an Order directing the Plaintiff to
show cause why this case should not be dismissed for failure to serve
process on the John Doe Defendants within 120 days as required by Fed.
R. Civ. P. 4(m). [Doc. 33]. On July 11, 2014, the Plaintiff filed the present
Response, explaining that further discovery will be required in order to
determine the identities of the John Doe Defendants who participated in the
wrongful conduct that forms the basis of the claims set forth in the
Complaint. [Doc. 34].

In light of the Plaintiff’s Response to the Show Cause Order, the
Court hereby enters the following Order.
IT IS, THEREFORE, ORDERED that the Show Cause Order is
DISCHARGED, and the Plaintiff’s action against the John Doe Defendants
will not be dismissed at this time.
IT IS FURTHER ORDERED that the Plaintiff shall have 120 days
from the entry of this Order within which to effectuate service upon the
John Doe Defendants.
IT IS SO ORDERED.

Signed: July 28, 2014

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