Reese v. Lt. Jacobs et al

Filing 35

MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge John A. Gibney, Jr on 01/29/2019. Copy of Memorandum Opinion mailed.(ccol, )

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

JAN 1 9 2019
MICHAEL JOHN REESE,
CLERK, U.S. DiS i niU r COURT

Plaintiff,

Richmond,va

V.

Civil Action No.3:18CV140

LT.JACOBS,e/a/.,
Defendants.

MEMORANDUM OPINION

Plaintiff, a Virginia prisoner proceeding pro se, filed this action. The matter is before the
Court on Plaintiff's failure to serve Defendant Robert McCoy 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(f) or 4(j)(l).
Fed. R. Civ. P. 4(m).
Pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff had 90 days from the filing of
the Complaint to serve the defendants. Here,that period commenced on September 7,2018. More

than 90 days have elapsed and Plaintiff has not served Defendant McCoy.' By Memorandum
Order entered on December 14, 2018, the Court directed Plaintiff, within eleven (11) days of the

'On September 11,2018, the United States Marshal returned the summons imexecuted,
with a note that Defendant McCoy was no longer employed at the facility, and had "moved out
ofstate w/no forwarding address." (ECF No. 16, at 2.)