PLUMMER v. LITZINGER et al

Filing 5

MEMORANDUM ORDER directing the plaintiff to effect proper service under Rule 4 on defendants and make proof of service under Rule 4(l)(1) on or before 5/7/2024, or the complaint will be dismissed without prejudice as provided in Rule 4(m) as to any defendant not served. If plaintiff wants the Marshal to make service (at plaintiff's expense) on the defendants, he should file a motion requesting an order to that effect. The administrative orders entered previously in this case are vacated as premature. Signed by Magistrate Judge Keith A. Pesto on 2/5/2024. (bgs)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
SHANE PLUMMER,
Plaintiff
v.
WALLACE ZITZINGER, et al.,
Defendants

:
:
: Case No. 3:24-cv-9-KAP
:
:
Memorandum Order

Plaintiff, not proceeding in forma pauperis, must serve the defendants as provided
in Fed.R.Civ.P. 4. Under Rule 4(m):
If a defendant is not served within 90 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.
Plaintiff must effect proper service under Rule 4 on defendants and make proof of
service under Rule 4(l)(1) on or before May 7, 2024, or the complaint will be dismissed
without prejudice as provided in Rule 4(m) as to any defendant not served. If plaintiff
wants the Marshal to make service (at plaintiff’s expense) on the defendants, he should
file a motion requesting an order to that effect.
The administrative orders entered previously in this case are vacated as
premature. If upon service of the defendants, counsel think a status conference would
be helpful, they should contact my courtroom deputy to schedule that.

DATE: February 5, 2024
Notice by ECF to counsel

Keith A. Pesto,
United States Magistrate Judge

1