Winkle v. Loranger et al

Filing 11

ORDER - As to any Defendants upon which service has not been perfected by May 21, 2014, the Magistrate Judge will recommend dismissal for want of prosecution. Signed by Magistrate Judge Michael R Merz on 4/7/2014. (kpf1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
MARK R. WINKLE,
Plaintiff,

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vs

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Case No. 3:14-cv-020
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

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CAROL S. LORANGER, et al.,

Defendants.

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ORDER

This case is before the Court on Notice from the United States Attorney for the Southern
District of Ohio of apparently insufficient service of process in this case on the United States
Department of Education Secretary Duncan (Doc. No. 10). Upon review of the docket, the
Magistrate Judge finds summons has been returned executed on the Department of Education
only by sending a copy of the Complaint to the Department of Education (See Doc. No. 6). The
requirements for service on the federal defendants is correctly set forth in the Notice.
This case was filed on January 21, 2014 (Doc. No. 1). Under Fed. R. Civ. P. 4(m),
service of process must be completed within 120 days of filing which in this case is May 21,
2014. As to any Defendants upon which service has not been perfected by May 21, 2014, the

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Magistrate Judge will recommend dismissal for want of prosecution.

April 7, 2014.
s/ Michael R. Merz
United States Magistrate Judge

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