Alan Nix v. Christopher Craven

Summary

The United States Magistrate Judge recommends dismissal without prejudice under Federal Rule of Civil Procedure 4(m) because Plaintiff Alan Nix failed to demonstrate timely service on Defendant Christopher Craven. The court gives Plaintiff ten days to submit proof of service or show good cause for the failure. If proof of service is submitted, the Report and Recommendation will be vacated and the matter returned for further proceedings.

Holdings

1. Because Plaintiff had not filed proof of service after the expiration of the court-ordered 90-day extension, the action was subject to dismissal without prejudice unless Plaintiff could show that Defendant had been timely served or establish good cause for the failure.
2. Plaintiff was given ten days after filing of the Report and Recommendation to submit proof of timely service or present good cause for the failure; absent such a submission, dismissal without prejudice was recommended.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 4(m) because Plaintiff failed to serve Defendant within the court-ordered period.
2. Whether Plaintiff should be given an opportunity to submit proof of service or demonstrate good cause for the failure before dismissal.

Disposition

other