Hardage v. State of Oklahoma, et al.,

Filing 129

ORDER by District Judge James H. Payne: dismissing without prejudice Department of Human Services / Child Welfare, State of Oklahoma (cjt, Deputy Clerk)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF OKLAHOMA
TERRY HARDAGE,
Plaintiff,
vs.

Case Number: 11-CV-295-JHP

DEPARTMENT OF HUMAN
RESOURCES, et al.,
Defendants.

ORDER
Federal Rule of Civil Procedure 4(m) provides:
Time Limit for Service. If a defendant is not served within 120 days
after the complaint is filed, the court--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. But if the plaintiff shows good cause for the failure,
the court must extend the time for service for an appropriate period.
This subdivision (m) does not apply to service in a foreign country
under Rule 4(f) or 4(j)(1).
The current litigation was filed by the Plaintiff on August 24, 2011, against several
defendants. The Department of Human Services/Child Welfare, State of Oklahoma, was added by
Amended Complaint on October 6, 2011 [Doc. No. 25). On July 27, 2012, this Court issued a
minute Order requiring the Plaintiff to show cause why the Department of Human Services/Child
Welfare, State of Oklahoma, should not be dismissed for failure to properly serve the Defendant as
required by Federal Rule of Civil Procedure 4(m) [Doc. No. 128].
As of the date of this Order, the Plaintiff has still failed to issue summons or serve this
defendant. The Plaintiff also failed to respond to this Court’s show cause Order. Although this
Court recognizes that pleadings filed by pro se Plaintiffs are entitled to some leeway, a pro se
Plaintiff is required to follow the same rules of procedure as other litigants. See Keeling v. Schaefer,

181 F.Supp.2d 1206, 1215-16 (D.Kan. 2001). The Plaintiff, as the initiator of the litigation is
required to take the steps necessary to ensure the Defendant is properly served in this litigation.
Therefore, it is the Order of the Court that this defendant, the Department of Human
Services/Child Welfare, State of Oklahoma, is dismissed without prejudice.

Dated this 13th day of August, 2012.