Dixon v. Commissioner of the Social Security Administration

Filing 7

ORDER signed by Judge J.P. Stadtmueller on 11/17/2017 DENYING without prejudice 6 Defendant's Motion to Dismiss. Within 14 days, Plaintiff to provide evidence of service or explain why good cause exists to extend the Fed. R. Civ. P. 4(m) service deadline; failure to do so will result in dismissal of this action without prejudice and without further notice. (cc: all counsel, via mail to Ronald F. Dixon) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
RONALD F. DIXON,

v.

Plaintiff,

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

Case No. 17-CV-616-JPS

ORDER

Defendant.
Plaintiff filed his complaint in this matter on May 1, 2017. (Docket
#1). The Court denied his motion to proceed without prepayment of the
filing fee, see (Docket #2 and #4), and on June 20, 2017, the Court received
from Plaintiff payment of the full filing fee. Plaintiff has filed nothing
further since then, including proof that he has served a summons and a
copy of his complaint on Defendant.
On September 29, 2017, Defendant moved for dismissal of Plaintiff’s
complaint under Federal Rule of Civil Procedure 12(b)(5) because she has
not been properly served with a summons and copy of the complaint.
(Docket #6). The time for Plaintiff to respond to Defendant’s motion to
dismiss has expired, and he has filed nothing to oppose or otherwise
respond to Defendant’s motion.
Federal Rule of Civil Procedure 4 prescribes the requirements for
service of process in federal courts. It 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.
Fed. R. Civ. P. 4(m). The ninety-day deadline for Plaintiff to serve a
summons and complaint on Defendant expired months ago, and he has not
yet even requested a summons for Defendant.
The Court will therefore require that, within fourteen (14) days of
the entry of this Order, Plaintiff must provide evidence of service or
otherwise explain why good cause exists to extend the Rule 4(m) deadline.
Defendant’s motion to dismiss, (Docket #6), will be denied without
prejudice to allow Plaintiff a final opportunity to properly serve Defendant
with a summons and complaint. Failure to provide proof of service or a
reason to extend the service deadline will result in dismissal of this action
without prejudice and without further notice. See Fed. R. Civ. P. 4(m).
Accordingly,
IT IS ORDERED that Defendant’s motion to dismiss (Docket #6) be
and the same is hereby DENIED without prejudice; and
IT IS FURTHER ORDERED that, within fourteen (14) days of the
entry of this Order, Plaintiff must provide evidence of service or otherwise
explain why good cause exists to extend the Federal Rule of Civil Procedure
4(m) deadline for service.
Dated at Milwaukee, Wisconsin, this 17th day of November, 2017.
BY THE COURT:

__________________
J. P. Stadtmueller
U.S. District Court

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