Cole v. Ballard et al

Filing 53

ORDER directing the plaintiff, by December 9, 2016, to provide the court with proof of service of the Complaint upon Defendant Ballard in accordance with the Federal Rules of Civil Procedure, or show good cause for failure to serve pursuant to Rule 4(m). Failure to do so will result in Defendant Ballard being dismissed from this action. Signed by Magistrate Judge Paige J. Gossett on 12/2/2016. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Orlando Cole,

)
)
Plaintiff,
)
)
v.
)
)
Marty Ballard; Premier Constructors, Inc.,
)
)
Defendants.
)
_____________________________________ )

C/A No. 3:15-1923-MBS-PJG

ORDER

The plaintiff, Orlando Cole, through counsel, initiated this civil action and filed his
Complaint on May 6, 2015. (ECF. No. 1.) This matter is currently before the assigned United States
Magistrate Judge for a service of process status review.
The Federal Rules of Civil Procedure state that a plaintiff must serve a defendant within 120
days after the complaint is filed and, unless service is waived, must provide proof of service to the
court.1 Fed. R. Civ. P. 4(l)(1) and 4(m). As of the date of this order, more than 120 days has passed
since the plaintiff initiated this action by filing his Complaint, and the plaintiff has not filed proof
of service with the court as to Defendant Marty Ballard. It is therefore
ORDERED that the plaintiff shall have until December 9, 2016 to provide the court with
proof of service of the Complaint upon Defendant Ballard in accordance with Federal Rule of Civil
Procedure 4(l)(1), or show good cause for failure to serve pursuant to Rule 4(m). Failure to do so
will result in Defendant Ballard being dismissed from this action. Fed. R. Civ. P. 4(m).

1

This Rule was amended December 1, 2015 to reduce the time in which to effect service to
90 days. However, the plaintiff’s Complaint was filed prior to this amendment; accordingly, the
plaintiff had 120 days in which to effect service on the defendants.
Page 1 of 2

IT IS SO ORDERED.
____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
December 2, 2016
Columbia, South Carolina

Page 2 of 2