CAMPBELL v. COLVIN

Filing 5

MEMORANDUM & ORDER OF COURT. No later than 2/21/14 plaintiff shall either provide proof of service of complaint and summons on defendant or provide, in writing, good cause for not yet having effectuated service. Should plaintiff fail to provide proof of service, or to establish good cause, by 2/21/14, this civil action will be dismissed without prejudice pursuant to Fed.R.Civ.P. 4(m). See Memorandum and Order of Court for further details. Signed by Judge Gustave Diamond on 2/10/14. (gpr)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JOHN DAVID CAMPBELL

I

v.
Civil Action No. 13-683
CAROLYN W. COLVIN
ACTING COMMISSIONER OF
SOCIAL SECURITY
I

MEMORANDUM AND ORDER OF COURT
On

May

15 1

2013 1

John

David

Campbell

("plaintiff U

),

proceeding in forma pauperis, filed a Complaint against defendant
Carolyn W. Colvin, the Acting Commissioner of Social Security, for
review of a

final decision denying his application for social

security disability benefits and supplemental security income.
The following daYI

the Clerk of Court for this district issued

summons to be served on defendant and on the Office of the United
States Attorney for this district.
Rule 4(c) of the Federal Rules of Civil Procedure requires
that a summons be served with a copy of the complaint and provides
that the

"plaintiff is responsible for having the summons and

complaint served within the time allowed by Rule 4(m).n
Rule 4(m)

In turn

l

requires that a defendant be served "within 120 days

after the complaint is filed.

1I

Rule 4{1} dictates that proof of

service must be made to the court.
The period allowed for plaintiff to serve the summons and
complaint expired on September 13

1

2013, which was 120-days after

the filing of the complaint on May 15
~A072

(Rev. 8/82)

1

2013.

As of the date of

this order, nearly 5 months after the expiration of the allowable
time, the record contains no proof that service has been made.
Rule 4{m) provides that if a defendant is not served within
120 days after the complaint is filed, the court, either on motion
or on its own after notice to the plaintiff,

must dismiss the

action without prejudice or order that service be made within a
specified time.
the failure,

However,

if the plaintiff shows good cause for

the court must extend the time for service for "an

appropriate period. 1I
Accordingly,

the court will enter an order that,

than February 21,

2014,

no later

plaintiff must either provide proof of

service of the summons and complaint or provide, in writing, good
cause for not yet having effectuated service.
established the court bri

If good cause is

will extend the time for service.

If proof of service is not made to the court by February 21, 2014,
or good cause is not established,

this action will be dismissed

without prejudice. 1
An appropriate order follows.

Dated:

-i~ M(dP,/ .~ ~
Gustave Diamond
United States District Judge

1
If plaintiff no longer intends to pursue this action, he also
may file a notice of voluntary dismissal under Fed.R.Civ.P. 41(a) (1) (A)
at any time prior to February 21, 2014.

2
'Il<AO 72

(Rev. 8/82)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JOHN DAVID CAMPBELL,

v.
Civil Action No. 13-683
CAROLYN W. COLVIN,
ACTING COMMISSIONER OF
SOCIAL SECURITY
ORDER OF COURT
AND NOW, this

IO~ay

of February, 2014, pursuant to Rule

4(m) of the Federal Rules of Civil procedure, IT IS ORDERED that
no later than February 21,

2014,

plaintiff John David Campbell

shall either provide proof of service on defendant of the summons
and complaint in this civil action or provide, in writing, good
cause for not yet having effectuated service.

Should plaintiff

fail to provide proof of service, or to establish good cause, by
February

21,

2014,

this

action

will

be

dismissed

without

prejudice.

~~
- GUStaVei)ic;mond
United States District Judge

cc: Mark S. Galper, Esq.
Bergstein & Galper
409 Schoonmaker Avenue
P.O. Box A
Monessen, PA 15062

3
~A072

(Rev. 8/82)