Huff et al v. Steward et al, No. 3:2011cv00395 - Document 26 (E.D. Va. 2012)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 10/5/12. Copy sent: Yes(tdai, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OP VIRGINIA Richmond Division JOHNNY R. HUFF, et al. , Plaintiffs, v. Civil Action No. JIM STEWARD, III, 3:11CV395 et al., Defendants. MEMORANDUM OPINION Johnny R. se Huff, a former Virginia detainee proceeding pro filed this civil rights Court on Huff s failure to action. serve The the matter defendants is before within the the time required by Federal Rule of Civil Procedure 4(m) .x Pursuant to one hundred Federal and Rule twenty of Civil (120) days complaint to serve the defendants. on April 5, 2012. By Procedure from Here, Memorandum Order the 4(m), filing Huff had of that period commenced entered on August 1 Rule 4(m) provides: If a defendant is not served within 120 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. This subdivision (m) does not apply to service in a foreign country under Rule 4(f) or 4(j) (1) . Fed. R. Civ. P. 4(m). the 27, 2012, the Court directed Huff, within eleven (11) days of the date of entry thereof, serve the Huff defendants has not to show good cause for his failure to within responded. the time required Accordingly, the by Rule action 4 (m) . will be dismissed without prejudice. The Clerk is directed to send a copy of the Memorandum Opinion to Huff. It is so ORDERED. /s/ Date: $&UuS^n^ Richmond, Virginia ptf Robert E. Payne Senior United States District Judge
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