Burke v. City of Roman Forest

Filing 6

ORDER entered: Plaintiff must effect service and file proof of such service by July 8, 2013 or this case is subject to dismissal. The initial pretrial conference set for 5/31/13 is canceled and will be reset after proof of service has been filed. Deadlines terminated.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

WILLIAM BURKE,
VS.

CITY OF ROMAN FOREST,

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CIVIL ACTION NO. H-13-625

ORDER
Service of this action, filed on March 8, 2013, has not been effected. Federal Rule of Civil
Procedure 4(m) provides in part:
If a defendant is not served within 120 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. But if the plaintiff
shows good cause for the failure, the court must extend the time for
service for an appropriate period.
The plaintiff must file proof of service no later than July 8, 2013. Failure to do so may lead
to the dismissal of this case. The initial pretrial conference set for May 31, 2013 is canceled. It will
be reset, if appropriate, after proof of service is filed.
SIGNED on May 16, 2013, at Houston, Texas.

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Lee H. Rosenthal
United States District Judge