Randolph v. Dimension Films et al

Filing 8

ORDER entered GRANTING IN PART 6 MOTION for Continuance. Pltf has until November 14, 2008 to file proof of service or this case may be dismissed. The initial pretrial conference will be reset, if appropriate, once service has been effected.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )

Randolph v. Dimension Films et al

Doc. 8

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION TINA M. RANDOLPH, Plaintiff, VS. DIMENSION FILMS, et al., Defendants. § § § § § § § § §

CIVIL ACTION NO. H-08-1836

ORDER In response to this court's order instructing the plaintiff, Tina M. Randolph, to effect service under Rule 4 of the Federal Rules of Civil Procedure by October 17, 2008, Randolph has asked for a four-month extension to effect service on the defendants. (Docket Entry No. 6). This suit was filed on June 9, 2008. The 120 days allowed for service under Rule 4 will expire in October 2008. Randolph asks for an extension until the end of January 2009. Although Randolph is proceeding pro se, such status is insufficient to establish good cause to extend the time for service under Rule 4(m). Systems Signs Supplies v. United States Dept. of Justice, 903 F.3d 1011, 1013-14 (5th Cir. 1990). The court may, however, consider such status as a mitigating factor. Id. In this case, Randolph has not even attempted a good-cause showing or explained why such a long period ­ a total of eight months ­ is necessary to effect service. Under the rule, if good cause is not present, the court may either dismiss the lawsuit without prejudice or direct that service be effected within a specified time. Thompson v. Brown, 91 F.3d 20, 21 (5th Cir. 1996). This court grants Randolph's

Dockets.Justia.com

motion in part, extending the time to effect service, in light of her pro se status, but not for the four-month period she seeks. Randolph is ordered to file proof of service by November 14, 2008. Failure to do so may lead to dismissal of this suit, without prejudice. SIGNED on September 25, 2008, at Houston, Texas. ______________________________________ Lee H. Rosenthal United States District Judge