Hartzell v. Miami County Incarceration Facility
ORDER DIRECTING PRO SE PLAINTIFF TO SHOW CAUSE, IN WRITING AND WITHIN 14 DAYS, AS TO WHY THIS CASE SHOULD NOT BE DISMISSED - Show Cause Response due by 8/29/2017.. Signed by Magistrate Judge Michael J. Newman on 8/15/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
KENNETH S. HARTZELL,
Case No. 3:17-cv-63
MIAMI COUNTY INCARCERATION
District Judge Walter H. Rice
Magistrate Judge Michael J. Newman
ORDER DIRECTING PRO SE PLAINTIFF TO SHOW CAUSE, IN WRITING AND
WITHIN 14 DAYS, AS TO WHY THIS CASE SHOULD NOT BE DISMISSED
On June 17, 2017, the undersigned issued an Order in this pro se civil case notifying
Plaintiff that his first amended complaint (doc. 3) is subject to being stricken because it fails to
comply with the requirements of Federal Rules 8 and 10. Doc. 12. As a result, the undersigned,
sua sponte, granted Plaintiff leave to file a second amended complaint curing these deficiencies
on or before July 7, 2017. Id. Pro se Plaintiff failed to do so, even though the Court -- in the
interest of justice -- afforded him more than an additional 30 days to file his amended pleading.
Accordingly, the undersigned ORDERS Plaintiff to SHOW CAUSE, in writing and within 14
days from the entry of this Order, as to why this case should not be dismissed for failure to
comply with the requirements of Federal Rules 8 and 10.
In addition, pursuant to Federal Rule 4(m), “[i]f a defendant is not served within 90 days
after the complaint is filed, the [C]ourt -- on motion or on its own after notice to the plaintiff -must dismiss the action without prejudice against that defendant or order that service be made
within a specified time.” Fed. R. Civ. P. 4. Here, the docket reflects that no Defendant has been
served and that the time period within which to do so has expired. Accordingly, Plaintiff is
ORDERED to show cause, in writing and within 14 days of the entry date of this Order, as to
why this case should not be dismissed for his failure to timely serve Defendants.
IT IS SO ORDERED.
August 15, 2017
s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge
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