Black v. Grimes et al, No. 3:2017cv00216 - Document 31 (E.D. Va. 2018)

Court Description: MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge M. Hannah Lauck on 06/14/2018. Copy mailed to Plaintiff.(ccol, )

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Black v. Grimes et al Doc. 31 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division HERMAN L. BLACK, Plaintiff, V. Civil Action No.3:17CV216 PHIL GRIMES, 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 Miller 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 13,2017. (ECF No. 16.) More than 90 days have elapsed and Plaintiff has not served Defendant Jason Miller.' By Memorandum Order entered on May 24,2018,the Court directed Plaintiff, within eleven(11)days ofthe date of entry thereof, to show good cause for his failure to serve Defendant Miller within the time required by Rule 4(m). (ECF No. 28.) 'On October 20,2017,the United States Marshal returned the summons unexecuted, with a note that Defendant Miller was no longer employed at the Rappahannock Regional Jail. (ECF No. 19.) Dockets.Justia.com

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