Brown v. Dennis et al

Filing 92

ORDER directing the plaintiff to provide the court with proof of service of the 1 Complaint upon Defendants Susan Oaks-Thomas, Edward Francis Brown, and Shenequa Oaks by November 28, 2016, or show good cause for failure to serve pursuant to Rule 4(m). Failure to do so will result in these defendants being dismissed from this action for failure to serve. Signed by Magistrate Judge Paige J. Gossett on 11/16/2016. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Quinton Brown,

)
)
Plaintiff,
)
)
v.
)
)
Anthony Dennis, Sumter County Sheriff;
)
Investigator Jennifer Thomas; Thomas R.
)
Mims, Jr.; Hampton Gardner; Robert Burnish; )
Jennie Daley; Wesley Gardner; Susan Oaks)
Thomas; Edward Francis Brown; Willie
)
McFadden; Krystle Skinner; and Shenequa
)
Oaks,
)
)
Defendants.
)
_____________________________________ )

C/A No. 3:15-3334-JMC-PJG

ORDER

The plaintiff, Quinton Brown, a litigant represented by counsel, initiated this civil action and
filed his Complaint on August 21, 2015. (ECF. No. 1.) This matter is currently before the assigned
United States Magistrate Judge for a service of process status review.
Because the plaintiff is represented by counsel but also was granted leave to proceed in forma
pauperis, the court reminded the plaintiff that he was responsible for service of process pursuant to
Fed. R. Civ. P. 4(c)(1) unless he provided the court with completed USM-285 forms so that service
could be effected by the U.S. Marshal’s Service pursuant to Fed. R. Civ. P. 4(c)(3). (ECF No. 12.)
The court warned the plaintiff that if service was not effected within 120 days, this action would be
recommended for dismissal without prejudice pursuant to Rule 4(m).
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

Page 1 of 2

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 Defendants Susan Oaks-Thomas, Edward Francis Brown, and
Shenequa Oaks. It is therefore
ORDERED that the plaintiff shall have until November 28, 2016 to provide the court with
proof of service of the Complaint upon Defendants Susan Oaks-Thomas, Edward Francis Brown,
and Shenequa Oaks 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 these defendants being
dismissed from this action for failure to serve. Fed. R. Civ. P. 4(m).
IT IS SO ORDERED.
____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
November 16, 2016
Columbia, South Carolina

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 2 of 2