Washburn v. Hickory

Filing 4

ORDER DISMISSING PLF'S COMPLAINT without prejudice. Signed by District Judge Richard Voorhees on 2/5/2015. (Pro se litigant served by US Mail.)(cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:14-CV-8
CHRISTOPHER S. WASHBURN,
Plaintiffs,
v.
CITY OF HICKORY,
Defendant.

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ORDER

On January 21, 2014, Christopher S. Washburn (“Plaintiff”) instituted the instant action
against the City of Hickory alleging employment discrimination in violation of Title VII of the
Civil Rights Act of 1964, as amended.
On September 17, 2014, the Clerk issued a Notice of Lack of Prosecution indicating that
proof of service had not been filed. Pertinently, the notice cited Rule 4(m) which states that:
If service of summons and complaint is not made upon a defendant within 120
days after filing of the complaint, the court, upon motion or on its own initiative
after notice to the plaintiff, shall dismiss the action without prejudice as to that
defendant or direct that service be effected within a specified time; provided that
if the plaintiff shows good cause for failure the court shall extend the time for
service for an appropriate period.

Plaintiff has received adequate notice of his failure to comply with Rule 4(m). Plaintiff has not
responded to Notice or otherwise filed proof of service.
IT IS, THEREFORE, ORDERED THAT PLAINTIFF’S COMPLAINT BE
DISMISSED WITHOUT PREJUDICE.
Signed: February 5, 2015

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