Privette v. Receivables Management Corporation

Filing 9

ORDER. This Court hereby provides notice to the plaintiff that it will dismiss this action without prejudice ten days from the date of this Order if proof of service has not been filed within that time. Signed by Honorable R Bryan Harwell on 11/28/2012. (hcic, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Lincoln L. Privette, Sr.,

)
)
Plaintiff,
)
)
vs.
)
)
Florence Neurological Clinic, P.A.,
)
)
Defendant.
)
____________________________________)

Civil Action No. 4:11-cv-00943-RBH

ORDER

This action was originally filed on April 20, 2011 naming as the sole defendant Receivables
Management Corporation. An Amended Complaint was filed on May 18, 2011 naming as an additional
defendant Florence Neurological Clinic, P.A. On May 19, 2011, a Notice of Voluntary Dismissal was
filed as to Defendant Receivables Management Corporation. However, the docket reflects no further
activity on the case.
The Federal Rules of Civil Procedure require a plaintiff to file proof of service of a defendant
pursuant to Rule 4(l); however, as of the date of this Order the plaintiff has not filed such. It must be
noted that pursuant to Fed.R.Civ.P. 4(m), service of the summons and complaint must be effected
within 120 days after the filing of the complaint. If the plaintiff fails to comply within such time
limitation, the court may on its own initiative dismiss the action after notice to the plaintiff. See
Fed.R.Civ.P. 4(m); Local Rule 4.01.
Therefore, this court hereby provides notice to the plaintiff that it will dismiss this action
without prejudice ten days from the date of this Order if proof of service has not been filed within that
time.
IT IS SO ORDERED.
1

s/ R. Bryan Harwell
R. Bryan Harwell
United States District Court Judge
November 28, 2012
Florence, South Carolina

2