Allen v. City of Asheville et al
ORDER: Plaintiff shall show good cause within 14 days of service of this Order for the failure to effect service on the Doe Defendants. Failure to do so shall result in a dismissal without prejudice of these Defendants without further order of the Court. (Show Cause Response due by 2/28/2018 plus an additional 3 days if served by mail.) Signed by District Judge Martin Reidinger on 2/14/2018. (Pro se litigant served by US Mail.) (maf)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CIVIL CASE NO. 1:17-cv-00114-MR-DLH
CITY OF ASHEVILLE, et al.,
THIS MATTER is before the Court sua sponte.
The Plaintiff brings this action pursuant to 42 U.S.C. § 1983 against
the City of Asheville; Gary Jackson, the City Manager for the City of
Asheville; Tammy Hooper, the Chief of Police for the Asheville Police
Department (“APD); APD Detective Evan Flanders; and “Jane Doe” and
“John Doe,” (collectively, “Doe Defendants”), who were both identified as
APD officers. [Docs. 15, 21]. On May 4, 2017, the Plaintiff filed a motion for
an extension of time within which to serve summonses on the Doe
Defendants. [Doc. 4]. On May 31, 2017, the Court granted the Plaintiff an
additional 120 days to identify and serve the Doe Defendants. [Doc. 8].
The Plaintiff filed a Second Amended Complaint on October 16, 2017.
[Doc. 21]. On November 6, 2017, the Plaintiff filed a motion seeking to
compel the named Defendants to identify the Doe Defendants. [Doc. 22].
The Magistrate Judge denied the Plaintiff’s motion on January 30, 2018.
To date, there is nothing in the record to indicate that the Plaintiff has
identified and/or served either of the Doe Defendants. Rule 4(m) of the
Federal Rules of Civil Procedure provides, in pertinent part, as follows:
If a defendant is not served within 90 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
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 the Doe Defendants within fourteen (14) days from service of
this Order, the Plaintiff’s action against these Defendants 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 Doe Defendants. Failure of the Plaintiff to respond in writing
within fourteen (14) days shall result in a dismissal without prejudice of these
Defendants without further order of the Court.
IT IS SO ORDERED.
Signed: February 14, 2018
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