Collantes v United States Of America, No. 7:2010cv06086 - Document 8 (S.D.N.Y. 2011)
Court Description: MEMORANDUM DECISION:Accordingly, this action will be dismissed without prejudice unless plaintiff on or before December 7, 2011, either (1) files proof of service with the Clerk of the Court, or (2)shows cause in writing why a further extension of the time limit for service wanted. See Fed. R. Civ. P. 4(m). (Signed by Judge Vincent L. Briccetti on 11/9/2011) Copies Mailed By Chambers(rj)
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USDCSDNY DOCUME~T UNITED STATES DISTRICT CotT SOUTHERN DISTRICT OF NEW:YORK ELECTRO:\ICALL Y FILED DOC#:_ _ _ __ 1:r\~: F11 r n: _.. ;/"-.-1:-'· -/-1 CAROL COLLANTES Plaintiff, MEMORANDUM DECISION v. 10 CV 6086 (VB) UNITED STATES OF AMERICA, Defendant. ---------------------------------------------------------------)( Plaintiff Carol Collantes commenced this action on August 13,2010, at which time a summons was issued. After commencing this action, plaintiff did not file an affidavit of service within 120 days. See Fed. R. Civ. P. 4(m). Plaintiff never responded to the Court's request for a status report, so the Court, on May 5,2011, ordered the case administratively closed without prejudice. On June 4, 2011, plaintiff filed a motion to reopen the case. On October 5, 2011, the Court granted that motion and directed plaintiff to file an affidavit of service with the Court by November 4, 2011. To date, no affidavit of service has been filed. Accordingly, this action will be dismissed without prejudice unless plaintiff on or before December 7, 2011, either (1) files proof of service with the Clerk of the Court, or (2) shows cause in writing why a further e)(tension of the time limit for service is warranted. See Fed. R. Civ. P. 4(m). Dated: November 9,2011 White Plains, New York SO ORDERED: Vincent L. Briccetti United States District Judge
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