Allah v. Frank et al, No. 3:2018cv00477 - Document 33 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 08/30/2019. Copy mailed to Plaintiff. (walk, )
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Allah v. Frank et al Doc. 33 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CLEnK,UA DISTRICT COURT RICHMOND. VA INFINITE ALLAH, Plaintiff, V. Civil Action No. 3:18CV477 SUSAN FRANK, e/fl/., Defendants. MEMORANDUM OPINION Plaintiff, a Virginia prisonerproceeding pro se filed this action. The matter is beforethe Court on Plaintiffs failure to serve Defendant Steward within the time required by Federal Rule of Civil Procedure 4(m). Rule 4(m) 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—mustdismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiffshowsgood 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)(l). Fed. R. Civ. P. 4(m). Pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff had 90 days from the filing of the complaintto serve the defendants. Here, that period commencedon April 5,2019. By Memorandum Order entered on August 2,2019, the Court directed Plaintiff, within eleven (11) days of the date of entry thereof, to show good cause for his failure to serve Defendant Steward within the time required by Rule 4(m). Plaintiffhas not responded. Accordingly, all claims against Defendant Steward WILL BE DISMISSED WITHOUT PREJUDICE, An appropriate Order shall issue. HannahLauck Unitftfl M. Hannah Lauck United States District Judge Date: So, Richmond, >nrginia Dockets.Justia.com
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