Kimberly Frazier v. Rita Delgado

Summary

This document is an order to show cause regarding dismissal for lack of prosecution. The court states that the plaintiff failed to file proof of service on defendant Rita Delgado within 90 days of filing the complaint, as required by Federal Rule of Civil Procedure 4(m). Plaintiff must respond by May 30, 2025, or the action may be dismissed without prejudice.

Holdings

1. A federal district court may invoke its inherent authority to dismiss an action for lack of prosecution on its own motion.
2. Absent good cause, an action must be dismissed without prejudice if the summons and complaint are not served on a defendant within 90 days after the complaint is filed.

Questions Presented

1. Whether the court may issue an order to show cause and potentially dismiss the action for lack of prosecution when the plaintiff has not filed proof of service within 90 days after filing the complaint.
2. Whether Plaintiff must show that service was completed within the Rule 4(m) deadline or establish good cause for failing to do so.

Disposition

other