Vance v. Department of Veterans Affairs

Filing 11

ORDER PROVIDING PLAINTIFF WITH AN ADDITIONAL TEN DAYS IN WHICH SERVE TO DEFENDANT. Plaintiff is afforded an ADDITIONAL TEN DAYS in which to make proper service. He is thus advised that, if he does not file proof of such service on or before January 1 3, 2012, his complaint will be dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m) -- for his failure to timely serve Defendant -- and also on account of his lack of prosecution. Signed by Magistrate Judge Michael J Newman on 01/03/2012. (kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
MARVIN VANCE,
:
Plaintiff,

-vs-

Case No. 3:11-CV-281

:

District Judge Thomas M. Rose
Magistrate Judge Michael J. Newman

DEPARTMENT OF VETERANS
AFFAIRS,
:
Defendant.

ORDER PROVIDING PLAINTIFF WITH AN ADDITIONAL
TEN DAYS IN WHICH SERVE TO DEFENDANT

This matter is back on the Court's docket following the issuance of an Order to pro se
Plaintiff on December 8, 2011. (Doc. 10.) In that Order, Plaintiff was granted an extension of time
and directed to serve, by December 22, 2011, three entities: the Department of Veterans Affairs; the
United States Attorney General; and the United States Attorney for the Southern District of Ohio.
Following a sua sponte review of this matter, it appears that Plaintiff received an executed
summons from the Department of Veterans Affairs (see doc. 5), but has not received executed
summonses from either the United States Attorney General or the United States Attorney for the
Southern District of Ohio.
Plaintiff is afforded an ADDITIONAL TEN DAYS in which to make proper service. He
is thus advised that, if he does not file proof of such service on or before January 13, 2012, his
complaint will be dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m) -- for his failure to
timely serve Defendant -- and also on account of his lack of prosecution.

IT IS SO ORDERED.

s/ Michael J. Newman
United States Magistrate Judge

January 3, 2012

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