Williams v. White et al
ORDER that Plaintiff shall have 14 days from this Order to respond showing good cause why Defendants White, Moore, and John Doe should not be dismissed from this action. Signed by Chief Judge Martin Reidinger on 8/11/2020. (Pro se litigant served by US Mail.)(nvc)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
EDWARD WILLIAMS, III,
SUSAN WHITE, et al.,
THIS MATTER is before the Court sua sponte on its review of the
docket in this matter.
Pro se Plaintiff Edward Williams, III, (“Plaintiff”) is a North Carolina
prisoner currently incarcerated at Pender Correctional Institution in Burgaw,
North Carolina. Plaintiff filed this action in this Court on April 18, 2019,
pursuant to 42 U.S.C. § 1983, against Defendants Susan White, FNU Siciak,
Thomas M. Moore, and John Doe. [Doc. 1]. Plaintiff’s Complaint survived
initial review on November 25, 2019. [Doc. 10]. Defendant Siciak waived
service. [Doc. 13]. After the North Carolina Department of Public Safety
(NCDPS) was unable to procure waivers of service for Defendants White
and Moore, the Court ordered that the U.S. Marshal was to use reasonable
Case 5:19-cv-00044-MR Document 31 Filed 08/11/20 Page 1 of 3
efforts to locate and obtain service on these Defendants in accordance with
Rule 4 of the Federal Rules of Civil Procedure.1
Defendants, however, remain unserved.
Generally, a plaintiff is responsible for effectuating service on each
named Defendant within the time frame set forth in Fed. R. Civ. P. 4(m), and
failure to do so renders the action subject to dismissal. Under Rule 4(m):
If a defendant is not served within 90 days after the
complaint is filed, the court---on motion or on its own
motion after notice to the plaintiff---must dismiss the
action without prejudice against the 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
Fed. R. Civ. P. 4(m). The service period in Rule 4(m) is tolled while the
district court considers an in forma pauperis complaint. Robinson v. Clipse,
602 F.3d 605, 608 (4th Cir. 2010). Initial review in this case occurred on
November 25, 2019. [Doc. 10]. Plaintiff, therefore, had until February 24,
2020 to serve Defendants. As such, the Court hereby notifies Plaintiff that it
will dismiss Defendants White, Moore, and John Doe without prejudice
unless, within fourteen (14) days of this Order, the Plaintiff shows good cause
for the failure to timely serve these Defendants.
The NCDPS was unable to identify the John Doe Defendant. [Doc. 14 at 1].
Case 5:19-cv-00044-MR Document 31 Filed 08/11/20 Page 2 of 3
IT IS, THEREFORE, ORDERED that Plaintiff shall have fourteen (14)
days from this Order to respond showing good cause why Defendants White,
Moore, and John Doe should not be dismissed from this action. Failure to
timely comply with this Order will result in the dismissal of Defendants White,
Moore, and John Doe from this action without prejudice.
IT IS SO ORDERED.
Signed: August 11, 2020
Case 5:19-cv-00044-MR Document 31 Filed 08/11/20 Page 3 of 3
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