Summary
A United States Magistrate Judge recommends dismissal without prejudice because pro se plaintiff Nelson Rodriguez failed to serve the Massachusetts Secretary of State within the required period and did not show good cause or request an extension. The report applies Federal Rule of Civil Procedure 4(m) and District of Massachusetts Local Rule 4.1, and advises the parties of their right to object.
Court
United States District Court for the District of Massachusetts
Jurisdiction
United States District Court for the District of Massachusetts
Decision date
November 26, 2025
Docket number
25-cv-11908-PGL
Disposition
other
Questions Presented
- Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 4(m) and District of Massachusetts Local Rule 4.1 because Plaintiff failed to effect service within 90 days and failed to show good cause for the failure.
Holdings
- Plaintiff's complaint was deemed unserved because he did not file proof of service or a waiver within the applicable 90-day period.
- Dismissal without prejudice was recommended because Plaintiff failed to effect service and failed to demonstrate good cause for the failure.
Court Document
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