Ames v. Ames et al
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.)
ECF No. 5
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
RANDALL S. AMES,
ORDER OF DISMISSAL
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
Federal Rule of Civil Procedure 4 provides that a summons and complaint
must be served upon each defendant within 90 days of filing. Rule 4(m) also
governs the procedure that a district court must follow in the event that service is
not completed within 90 days:
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
ECF No. 5
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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.
No summons was issued, nor was there any further substantive activity in this case.
On December 22, 2021, the Court issued an Order requiring Plaintiffs to provide
the Court with proof of service of process, summons and complaint, on each of the
Defendants, within 14-days of the Order. ECF No. 4. Plaintiff has neither
provided proof of service on each Defendant nor shown good cause as to why
service has not been accomplished. Plaintiff was advised that absent timely
compliance, the case will be dismissed for failure to timely serve and prosecute
according to Federal Rules of Civil Procedure 4(m) and 41(b).
ACCORDINGLY, IT IS HEREBY ORDERED:
This case is DISMISSED without prejudice.
The District Court Executive is hereby directed to enter this Order and
judgment accordingly, furnish copies to Plaintiff, and CLOSE the file.
DATED January 7, 2022.
THOMAS O. RICE
United States District Judge
ORDER OF DISMISSAL ~ 2
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