Carter v. Stith et al, No. 3:2022cv00775 - Document 140 (E.D. Va. 2023)
Court Description: MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 12/7/2023. (Copy mailed to plaintiff) (smej, )
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Carter v. Stith et al Doc. 140 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division BENJAMIN F. CARTER, Plaintiff, Civil Action No. 3:22cv775 V. MIRANDA STITH, el al.. Defendants. MEMORANDUM OPINION Benjamin F. Carter, a Virginia inmate proceeding pro se filed this civil lights action. The matter is before the Court on Carter’s failure to serve the five John Doe Defendants within the time required by Federal Rule of Civil Procedure 4(m). Pursuant to Federal Rule of Civil Procedure 4(m), Carter had ninety (90) days from the filing of the complaint to serve the defendants. Here, that period commenced on October 6, 2021. By Memorandum Order entered on November 1, 2023, the Court directed Carter, within twenty (20) days of the date of entry thereof, to show good cause for his failure to serve the five John Doe Defendants within the time required by Rule 4(m). (ECF No. 135.) Carter has not responded. Accordingly, all claims against the five John Doc Defendants will be DISMISSED WITHOUT PREJUDICE. An appropriate Order shall issue. Date: \3\l ISOot^ Richmond. Virginia M. HanfM iMck United StaleJ District Judge Dockets.Justia.com
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