Smith v. S. Petty et al., No. 3:2019cv00563 - Document 55 (E.D. Va. 2021)
Court Description: MEMORANDUM OPINION. It is so ORDERED. Signed by District Judge Robert E. Payne on 05/12/2021. Copy mailed to Plaintiff. (walk, )
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Smith v. S. Petty et al. Doc. 55 IN THE UNITED STATES DISTRICT COURT i P FOR THE EASTERN DISTRICT OF VIRGINIA E |fj\ MAY 13 2021 Richmond Division JESSE L. L CLERK. U.S. DISTRICT COURT SMITH, RICHMOND. VA Plaintiff, V. Civil Action No. MRS. S. PETTY, ^ 3:19CV563 al., Defendants. MEMORANDUM OPINION Jesse L. forma Smith, pauperis filed Civil Procedure 4(m), of the this serve commenced on March 9, 2020. 2021, action. Pursuant Smith had ninety to 31, complaint a Virginia inmate proceeding pro se and in the (90) to Federal Rule of days from the filing defendants.^ Here, that period By Memorandum Order entered on March the Court directed Smith, within eleven (11) days from the date of entry thereof to show good cause for his failure to serve Defendants Militana and Petty within the time required by Rule 4(m). ^ Rule 4(m) provides, in pertinent part: 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 period. Fed. R. Civ. P. the time for service for an appropriate 4(m). Dockets.Justia.com
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