Modrall v. Killian et al (PLR2)

Filing 10

MEMORANDUM OPINION dismissing this action as to all defendants, without prejudice, due to the plaintiff's failure to prosecute. Signed by District Judge Pamela L Reeves on June 23, 2015. c/m (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

Robert G. Modrall,
Plaintiff,
v.
William C. Killian, et al.,
Defendants.

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No.:

1:14-CV-327-PLR-HBG

Memorandum Opinion
The plaintiff filed this action pro se on November 17, 2014. Rule 4(m) of the Federal
Rules of Civil Procedure requires a plaintiff to serve the summons and complaint on a defendant
within 90 days of filing the complaint. If a plaintiff does not serve a defendant within 90 days of
filing his complaint, the court “must dismiss the action without prejudice” unless the plaintiff
shows good cause for his failure. After more than 90 days have elapsed without the plaintiff
filing a return of service as to any defendant in this case, the Court ordered the plaintiff to show
cause in writing on or before June 19, 2015, why this action should not be dismissed pursuant to
Rule 4(m) of the Federal Rules of Civil Procedure for insufficient service of process. [R. 9]. No
response to the Show Cause Order has been received by the Court.
The plaintiff has failed to serve the summons and complaint on any defendant within the
time allowed by Rule 4(m), and he has failed to respond to the Court’s Show Cause Order,
indicating to the undersigned that he has no desire to prosecute this case. Accordingly, this
action shall be Dismissed as to all defendants, without prejudice, due to the plaintiff’s failure to
prosecute.

The clerk is directed to mail a copy of this order to the plaintiff at:
Robert G. Modrell
894 Yates Springs Road
Ringgold, GA 30736
IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE

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