Barreras v. Salerno et al

Filing 2

ORDER that plaintiff promptly serve his complaint on the defendants and file proof of service of his complaint by 5/4/09 or action subject to dismissal. Signed by Chief Judge Barbara B Crabb on 3/3/09. (vob),(ps) Modified text on 3/13/2009 (llj).

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - D A V ID BARRERAS, ORDER Plaintiff, 0 9 - cv -1 1 2 - b b c v. F . ROBERT SALERNO and D AV ID E. PURINTON, D efendan ts. - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - T his is a civil action for injunctive and monetary relief in which plaintiff David Barreras, who is proceeding pro se, alleges that defendants engaged in unlawful debt collection practices against him for damages to a rental car. Plaintiff has paid the $350 fee fo r filing this action. The next step is for plaintiff to serve his complaint on the defendants. Under Fed. R . Civ. P. 4(m), a plaintiff has 120 days after filing a complaint in which to serve the defendant. However, that is an outside limit with few exceptions. This court requires that a plaintiff act diligently in moving his case to resolution. If plaintiff acts promptly, he should be able to serve his complaint on the defendants well before the deadline for doing so established in Rule 4.

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T o help plaintiff understand the procedure for serving a complaint on an individual, I am enclosing with this memorandum a copy of document titled "Procedure for Serving a Co m plaint on Individuals in a Federal Lawsuit." In addition, I am enclosing to plaintiff the extra copies of his complaint and forms he will need to send to the defendants in accordance w ith the procedures set out in Option 1 of the memorandum.

ORDER IT IS ORDERED that plaintiff promptly serve his complaint on the defendants and file proof of service of his complaint as soon as service has been accomplished. If, by May 4 , 2009, plaintiff fails to submit proof of service of his complaint on the defendants or explain his inability to do so, I will direct plaintiff to show cause why his case should not be d ism issed for lack of prosecution. E n tered this 3 r d day of March, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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