Sherwood v. Conmed

Filing 13

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 3/23/2016. Copy mailed to Pro Se Plaintiff.(jsmi, )

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

Richmond Division

JASON BROOKS SHERWOOD,

Plaintiff,
V.

Civil Action No.

3:15CV241

CONMED,
Defendant.
MEMORANDUM OPINION

Jason Brooks Sherwood,

and ^

forma pauperis,

matter

is

Defendant

before

the

a Virginia inmate proceeding pro se

filed this civil rights action.
Court

on

the

time

Conmed within

Sherwood's

failure

to

required by Federal

The
serve

Rule

of

Civil Procedure 4{m).^
Pursuant

4 (m)

to

the version of

Federal

Rule

of

Civil

Procedure

in effect at the time the Court filed the action,

had one hundred and twenty

(12 0)

complaint to serve the defendant.

days

from the

Here,

Sherwood

filing of

that period commenced

^ Rule 4(m) provided:
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)(1).
Fed.

R.

Civ.

P.

4(m)

(2015).

the

on October 30,

2015.

More

than one hundred and twenty

days elapsed and Sherwood failed to serve Conmed.
by Memorandum Order entered on March 4,
Sherwood to show good cause

for his

Sherwood

to

failed

to

respond

the

(120)

Accordingly,

2016 the Court directed

failure
March

to serve Conmed.

4,

2016

Memorandum

Order.

Because Sherwood fails to demonstrate good cause for his

failure

to

serve

Conmed,

the

action will

be

dismissed without

prejudice.

The

Clerk

is

directed

to

send

a

copy

of

the

Memorandum

Opinion to Sherwood.

/s/
Robert E. Payne
Senior United States District Judge

Richmond, Virginia