Maribel Roque v. William Bayne, et al.

Summary

The magistrate judge recommends dismissal without prejudice of Maribel Roque’s claims under Federal Rule of Civil Procedure 4(m) because Roque did not properly serve the defendants within the required period. The court previously explained that service by certified mail conducted by Roque, a party to the action, was defective, and Roque did not respond to the order to show cause or establish good cause for the failure. The report advises that written objections may be filed within fourteen days.

Holdings

1. A party to the action cannot effect service under Federal Rule of Civil Procedure 4(c)(2), including by mailing the summons and complaint to a defendant.
2. The magistrate judge recommended dismissal without prejudice under Rule 4(m) because Roque failed to serve the defendants within 90 days and failed to show good cause for the failure.

Questions Presented

1. Whether plaintiff's personal mailing of the summonses and complaints by certified mail constituted valid service under Federal Rule of Civil Procedure 4(c)(2).
2. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 4(m) because defendants were not properly served within 90 days and plaintiff failed to show good cause for the failure.

Disposition

other