Anderson II v. Armor Health Care Services et al, No. 3:2016cv00945 - Document 51 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 04/09/2018. Copy mailed to pro se plaintiff. (tjoh, )
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division WILLIAM LEE ANDERSON, II, Plaintiff, V. Civil Action No. 3:16CV945 ARMOR CORRECTIONAL HEALTH SERVICES, et aL, Defendants. MEMORANDUM OPINION Plaintiff, a Virginia prisoner proceeding pro se filed this action. The matter is before the Court on Plaintiffs failure to serve Defendant Saraiya 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—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 from the filing of the Complaint to serve the defendants. Here, that period commenced on October 30, 2017. By Memorandum Order entered on March 2, 2018, the Court directed Plaintiff, within eleven (11) days of the date of entry thereof, to show good cause for his failure to serve Defendant Saraiya within the time required by Rule 4(m). Plaintiff has not responded. Accordingly, all claims against Defendant Saraiya will be dismissed without prejudice. An appropriate Order shall issue. Date: Richmond, Virginia John A. Gibncy, Jr. United States District Jiidi
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
