Barnes v. Isavigan

Filing 5

ORDER signed by Judge Lynn Adelman on 3/9/12 that plaintiff is ordered to file within 21 days of the date of this order a memorandum showing cause why this case should not be dismissed without prejudice for failure to complete service. (cc: all counsel)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

JAMEL BARNES,
Plaintiff,
v.

Case No. 11-C-0435

ROM ISAVIGAN,
Defendant.

ORDER
Plaintiff filed this case on May 5, 2011. Pursuant to Fed. R. Civ. P. 4(m), plaintiff
had 120 days from filing within which to complete service of the summons and complaint
upon the defendant. On February 13, 2012, I noticed that plaintiff had not filed proof of
service on the defendant, and I warned him that unless proof of service was filed within 21
days I would dismiss the case without prejudice. On February 16, 2012, plaintiff filed an
unexecuted waiver-of-service form. Such form is not proof of service, and plaintiff’s having
filed it reveals that he did not complete service within 120 days. Therefore, Rule 4(m)
requires me to either dismiss this case without prejudice or direct that service be made
within a specified time. On the present record, I see no reason to grant plaintiff additional
time to complete service. However, I will give plaintiff an opportunity to show cause why
this case should not be dismissed for failure to complete service within the prescribed time.
THEREFORE IT IS ORDERED that plaintiff is ordered to file, within 21 days of the
date of this order, a memorandum showing cause why this case should not be dismissed
without prejudice for failure to complete service.

Dated this 9th day of March 2012.

s/_________________________________
LYNN ADELMAN
District Judge

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