Raja v. Napolitano et al

Filing 18

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Gregory L Frost on 4/4/14. (kn)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
GHAZANFAR RAJA,
Plaintiff,

Case No. 2:13-cv-11
JUDGE GREGORY L. FROST
Magistrate Mark R. Abel

v.
JEH JOHNSON, Secretary,
United States Department of Homeland
Security, et al.
Defendants.

ORDER
This matter is before the Court for consideration of Plaintiff’s failure to perfect service.
On November 22, 2013, Defendants filed a motion to dismiss pursuant to Rule 4(m). (ECF No.
15.) The Court denied the motion on March 20, 2013. (ECF No. 17.) In its March 20, 2013
Opinion & Order, the Court acknowledged that over 120 days had elapsed since Plaintiff filed
his Amended Complaint and that Defendants had not been served. (Id.) Pursuant to Rule
4(i)(4), however, the Court granted Plaintiff an additional fourteen (14) days to perfect service
and file proof of the same. (Id.)
The fourteen-day window has come and gone. Plaintiff was required to perfect service
and file proof of the same by April 3, 2014, but he failed to do so. In fact, Plaintiff has not taken
any action in this case since September 19, 2013.
Pursuant to Rule 4(m), dismissal of this case is proper. The Court therefore DISMISSES
WITHOUT PREJUDICE Plaintiff’s Amended Complaint. The Clerk is DIRECTED to
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remove this case from the docket records of the United States District Court for the Southern
District of Ohio, Eastern Division.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

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