Carter v. Stith et al

Filing 140

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 12/7/2023. (Copy mailed to plaintiff) (smej, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

BENJAMIN F. CARTER,
Plaintiff,
Civil Action No. 3:22cv775

V.

MIRANDA STITH, el al..
Defendants.

MEMORANDUM OPINION

Benjamin F. Carter, a Virginia inmate proceeding pro se filed this civil lights action. The
matter is before the Court on Carter’s failure to serve the five John Doe Defendants within the

time required by Federal Rule of Civil Procedure 4(m).
Pursuant to Federal Rule of Civil Procedure 4(m), Carter had ninety (90) days from the

filing of the complaint to serve the defendants. Here, that period commenced on October 6,
2021. By Memorandum Order entered on November 1, 2023, the Court directed Carter, within
twenty (20) days of the date of entry thereof, to show good cause for his failure to serve the five
John Doe Defendants within the time required by Rule 4(m). (ECF No. 135.) Carter has not

responded. Accordingly, all claims against the five John Doc Defendants will be DISMISSED
WITHOUT PREJUDICE.

An appropriate Order shall issue.

Date:

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Richmond. Virginia

M. HanfM iMck

United StaleJ District Judge