Smith v. Capt. Booth et al, No. 3:2019cv00075 - Document 39 (E.D. Va. 2020)

Court Description: MEMORANDUM OPINION (Dismissing Claims for Lack of Service). Signed by District Judge Henry E. Hudson on 10/29/2020. (Copy mailed to plaintiff) (smej, )

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Smith v. Capt. Booth et al Doc. 39 Case 3:19-cv-00075-HEH-RCY Document 39 Filed 10/29/20 Page 1 of 2 PageID# 373 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division HARRY W.SMITH, Plaintiff, Civil Action No. 3:19CV75-HEH V. CAPT.BOOTH,etal. Defendants. MEMORANDUM OPINION (Dismissing Claims for Lack of Service) Plaintiff, a Virginia prisoner proceeding pro se filed this action. The matter is before the Court on Plaintiffs failure to serve Defendant Clary within the time required by Federal Rule of Civil Procedure 4(m). Rule 4(m)provides: Ifa 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. 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 fi^om the filing ofthe complaint to serve the defendants. Here, that period commenced on October 17, 2019. By Memorandum Order entered on March 5,2020,the Court directed Plaintiff, within eleven (11) days of the date of entry thereof, to show good cause for his failure to serve Defendant Clary within the time required by Rule 4(m). Plaintiff has not responded. Accordingly, all claims against Defendant Clary will be dismissed without prejudice. Dockets.Justia.com Case 3:19-cv-00075-HEH-RCY Document 39 Filed 10/29/20 Page 2 of 2 PageID# 374 An appropriate Order shall accompany this Memorandum Opinion. HENRY E. HUDSON Date: Richmond, Virginia SENIOR UNITED STATES DISTRICT JUDGE

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