Stormer v. VA Beach Correctional Center Medical Dept. et al

Filing 18

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 3/7/14. (kyou, ) (copy mailed to Pro Se party)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

THOMAS ALLEN STORMER,
Plaintiff,
Civil Action No. 3:12CV119

VA BEACH CORRECTIONAL CENTER

MEDICAL DEPARTMENT, et aL,
Defendants.

MEMORANDUM OPINION

Thomas Allen Stormer, a former Virginia inmate proceeding pro se filed this civil rights
action. The matter is before the Court on Stormer's failure to serve the defendants within the

time required by Federal Rule ofCivil Procedure 4(m).1
Pursuant to Federal Rule of Civil Procedure 4(m), Stormer had one hundred and twenty

(120) days from the filing of the complaint to serve the defendants.

Here, that period

commenced on May 30, 2013. By Memorandum Order entered on January 15, 2014, the Court
directed Stormer, within eleven (11) days of the date of entry thereof, to show good cause for his

Rule 4(m) provides:

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. This subdivision (m) does not apply to service in a
foreign country under Rule 4(f) or 4(j)(l).
Fed. R. Civ. P. 4(m).

failure to serve the defendants within the time required by Rule 4(m).

Stormer has not

responded. Accordingly, the action will be dismissed without prejudice.
An appropriate Order shall issue.

Date: ^//f
Richmond, Virginia

/s/ '•

John A. Gibneyyjr.i

United States District Judge