McCoy v. Sumter County Sheriff et al
ORDER advising Plaintiff that unless good cause is shown to the court by June 16, 2017, for his failure to effect service of the summonses and complaint on the defendants, Plaintiff's action will be recommended for dismissal without prejudice. Signed by Magistrate Judge Shiva V Hodges on 6/2/2017. (mwal)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
James Lee McCoy, Sr.,
Anthony Dennis, Sumter County
Sheriff; Deputy E. Boland; and Deputy
C/A No.: 3:17-369-JMC-SVH
This matter comes before the court on a review of the docket in this case that
reveals no evidence of plaintiff having effected proper service on the defendants. The
summonses were issued on February 24, 2017, and they expired on May 25, 2017. [ECF
No. 6]. Rule 4(m) of the Federal Rules of Civil Procedure provides, in pertinent part, as
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.
Fed. R. Civ. P. 4(m).
Plaintiff is hereby placed on notice that unless good cause is shown to the court by
June 16, 2017, for his failure to effect service of the summonses and complaint on the
defendants, plaintiff’s action will be recommended for dismissal without prejudice. To
the extent that service has been effected, plaintiff is reminded of Fed. R. Civ. P. 4(l),
which requires proof of service must be made to the court. Plaintiff’s failure to respond in
writing will result in a recommendation of dismissal of the defendants without prejudice.
IT IS SO ORDERED.
June 2, 2017
Columbia, South Carolina
Shiva V. Hodges
United States Magistrate Judge
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