Ames v. Ames et al

Filing 5

ORDER DISMISSING CASE. Signed by Judge Thomas O. Rice. (BF, Paralegal) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)

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Case 2:21-cv-00281-TOR ECF No. 5 filed 01/07/22 PageID.14 Page 1 of 2 1 2 3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 7 RANDALL S. AMES, NO: 2:21-CV-0281-TOR 8 Plaintiff, ORDER OF DISMISSAL 9 10 v. 14 STANLEY ROY AMES, individually and in his marital community and as agent for AMES DEVELOPMENT CORP.; WESLEY BRUCE AMES, individually and in his marital community (if applicable); and MERITA LYNN DYSART, individually and in her marital community, 15 Defendants. 11 12 13 16 Federal Rule of Civil Procedure 4 provides that a summons and complaint 17 must be served upon each defendant within 90 days of filing. Rule 4(m) also 18 governs the procedure that a district court must follow in the event that service is 19 not completed within 90 days: 20 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 ORDER OF DISMISSAL ~ 1 Case 2:21-cv-00281-TOR 1 2 3 4 ECF No. 5 filed 01/07/22 PageID.15 Page 2 of 2 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. Fed. R. Civ. P. 4(m). Plaintiff filed a Complaint in this case on September 24, 2021. ECF No. 1. 5 No summons was issued, nor was there any further substantive activity in this case. 6 On December 22, 2021, the Court issued an Order requiring Plaintiffs to provide 7 the Court with proof of service of process, summons and complaint, on each of the 8 Defendants, within 14-days of the Order. ECF No. 4. Plaintiff has neither 9 provided proof of service on each Defendant nor shown good cause as to why 10 service has not been accomplished. Plaintiff was advised that absent timely 11 compliance, the case will be dismissed for failure to timely serve and prosecute 12 according to Federal Rules of Civil Procedure 4(m) and 41(b). 13 ACCORDINGLY, IT IS HEREBY ORDERED: 14 This case is DISMISSED without prejudice. 15 The District Court Executive is hereby directed to enter this Order and 16 17 judgment accordingly, furnish copies to Plaintiff, and CLOSE the file. DATED January 7, 2022. 18 19 20 THOMAS O. RICE United States District Judge ORDER OF DISMISSAL ~ 2

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