Kresge v. Ford et al

Filing 6

ORDER Plaintiff must serve Defendants by 11/6/15. If Plaintiff fails to complete service the Court will dismiss this case.. Signed by Senior Judge Graham Mullen on 10/16/15. (Pro se litigant served by US Mail.)(ssh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:13-CV-00228-GCM
JAMES KRESGE,
Plaintiffs,
v.
CHLOE CHANDLER
SHIELA FORD
PATRICK R. DONAHOE,
Defendants.

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ORDER

THIS MATTER is before the Court on Plaintiff’s response to the Court’s order to show
cause as to why this case should not be dismissed. (Doc. No. 5) In his response, Plaintiff asks the
Court to extend time to complete service of process. (Id.) A plaintiff is required to complete
service within 120 days after a complaint is filed, although, “if the plaintiff shows good cause for
the failure, the court must extend the time for service for a reasonable time.” Fed. R. Civ. P. 4(m).
The Court finds that Plaintiff has shown good cause for his failure to act for the reasons set out in
his response to the order to show cause. It appears to the Court that 21 days will afford Plaintiff a
reasonable opportunity to complete service. IT IS HEREBY ORDERED that the plaintiff must
serve Defendants by November 6, 2015. If Plaintiff fails to complete service, the Court will
dismiss this case pursuant to Fed. R. Civ. P. 41(b).
SO ORDERED.
Signed: October 16, 2015