Sutton et al v. Ohio Department of Corrections and Rehabilitation et al

Filing 4

ORDER DISMISSING CASE: This matter is hereby DISMISSED for failure to obtain service as required by Rule 4 of the Federal Rule of Civil Procedure. Signed by Judge Susan J. Dlott on 4/4/2018. (jlw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Chris Sutton, Jr., et al., Plaintiff(s), vs. Ohio Department of Corrections & Rehabilitation, et al., Defendant(s). : : : : : : Case Number: 1:17cv459 Judge Susan J. Dlott : : : ORDER This action was filed July 6, 2017. As of the date of this Order, Plaintiff has filed neither a waiver of service by Defendants nor proof of service on Defendants. In fact, no process has yet issued on this case. Fed. R. Civ. P. 4(m) requires the Court to dismiss an action in which service is not made within 90 days of filing the Complaint. Accordingly, this matter is hereby DISMISSED for failure to obtain service as required by Rule 4 of the Federal Rule of Civil Procedure. IT IS SO ORDERED. ___s/Susan J. Dlott___________ Susan J. Dlott United States District Court

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