Matthews v. RationalWiki Foundation

Filing 14

MEMORANDUM OPINION re: Dismissal of Complaint for failure to serve pursuant to Rule 4(m) of the FRCP and failure to prosecute pursuant to Rule 41(b). Signed by District Judge Liam O'Grady on 03/24/17. (pmil, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Alexander Otis Matthews Plaintiff, Civil Action No. l:14-cv-257 v. RationalWiki Foundation, et al, Defendants. MEMORANDUM OPINION This matter comes before the Court for failure to serve pursuant to Rule 4(m) of the Federal Rules of Civil Procedure and failure to prosecute pursuant to Rule 41(b). For the reasons discussed below, the Court hereby DISMISSES the Complaint WITHOUT PREJUDICE. I. Background Plaintiff has been incarcerated in the Bureau of Prisons since September 30,2011. Duringthat time he has filed no less than fourteen lawsuits in state or federal court. The present action represents one of a number of civil lawsuits alleging injuries unrelated to Plaintiffs incarceration. The Complaint, filed on February 25,2014, alleges per se libel, libel, and injurious falsehood perpetrated by Defendant, RationalWiki Foundation, and certain unidentified authors (the "John Doe Defendants") based on statementsappearing on the RationalWiki internet site. Dkt. No. 1. On July 13,2015, the Court granted Plaintiff leave to amend the complaint to add Rational Media Foundation (an entity related to the RationalWiki Foundation) as an additional defendant. Dkt. No. 2. On March 10,2016, Plaintiff moved to amend the Complaint to update the identities of the John Doe Defendants. Dkt. No. 3. In conjunction with the Motion,

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