Lassiter v. Virginia Beach Jail, Medical

Filing 40

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 3/31/2017. (sbea, )

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

STACEY LASSITER,
Plaintiff,

v.

Civil Action No. 3:15CV439

DOCTOR JAMALUDEEN, et al.,
Defendants.

MEMORANDUM OPINION
Plaintiff, a Virginia inmate proceeding prose filed this civil rights action. The matter is
before the Court on Plaintiffs failure to serve the Defendant Nephcare within the time required
by Federal Rule of Civil Procedure 4(m). Rule 4(m) provides:

If a defendant is not served within 90 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(t) or 4(j)(l).
Fed. R. Civ. P. 4(m).
Pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff had ninety (90) days from the
filing of the complaint to serve the defendants. Here, that period commenced on October 13,
2016. By Memorandum Order entered on February 13, 2017, the Court directed Plaintiff, within

eleven ( 11) days of the date of entry thereof, to show good cause for his failure to serve
Defendant Nephcare within the time required by Rule 4(m).

Plaintiff has not responded.

Accordingly, all claims against Defendant Nephcare will be DISMISSED WITHOUT
PREJUDICE.
An appropriate Order shall issue.

Date:

Isl

J/3t/17

John A. Gibney, Jr.
United States Dis ct

Richmond, Virgihia

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