WEBB v. ASTRUE

Filing 12

MEMORANDUM ORDER. This case is dismissed, without prejudice, under Federal Rule of Civil Procedure 4(m), and the Report and Recommendation of Magistrate Judge Baxter dated 1/3/14 (Doc. 10 ) is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 2/14/14. (dcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
THOMAS KENDALL WEBB, JR.,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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Civil Action No. 13-179E
Judge Cathy Bissoon
Magistrate Judge Susan Paradise Baxter

MEMORANDUM ORDER
This case has been referred to United States Magistrate Judge Susan Paradise Baxter for
pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B),
and Rules 72.C and 72.D of the Local Rules for Magistrates.
On January 3, 2014, the magistrate judge issued a Report (Doc. 10) recommending that
this case be dismissed under Fed. R. Civ. P. 4(m) based on Plaintiff’s failure to show good cause
why Defendants were not served within 120 days. Service of the Report and Recommendation
was made, and Plaintiff has filed Objections. See Doc. 11.
Plaintiff’s Objections are OVERRULED. As of now, 235 days after the filing of the
Complaint, the record still does not contain adequate proof of service regarding all entities that
Plaintiff is required to serve. At best, Plaintiff’s objections reflect misunderstandings regarding
how to prove service under Rule 4, and – thereby – to demonstrate compliance with the time
limitation in subsection (m). “Good cause,” as referenced in Rule 4(m), does not extend to
unjustified misunderstandings of the law. Green v. Humphrey Elevator & Truck Co., 816 F.2d
877, 884-85 (3d Cir. 1987) (citations omitted).

Thus, after a de novo review of the pleadings and documents in the case, together with
the Report and Recommendation and the Objections thereto, the following Order is entered:
This case is dismissed, without prejudice, under Federal Rule of Civil Procedure 4(m),
and the Report and Recommendation of Magistrate Judge Baxter dated January 3, 2014 hereby is
adopted as the Opinion of the District Court.
IT IS SO ORDERED.

February 14, 2014

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All counsel of record

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