Rodriguez-Sorto v. The Geo Group, Inc.

Summary

The United States Magistrate Judge recommends dismissing the United States and U.S. Immigration and Customs Enforcement without prejudice for failure to timely effect service under Federal Rules of Civil Procedure 4(i) and 4(m). The recommendation follows Plaintiff’s failure to file returns of service or show good cause after an order to show cause. The parties were given 14 days to file objections.

Holdings

1. Because Plaintiff failed to timely serve the United States and ICE, failed to comply with Rule 4(i), and did not show good cause for the failure, dismissal without prejudice under Rule 4(m) was warranted and recommended.

Questions Presented

1. Whether the United States and U.S. Immigration and Customs Enforcement should be dismissed without prejudice because Plaintiff failed to comply with the service requirements of Federal Rule of Civil Procedure 4(i) and the 90-day deadline in Rule 4(m).
2. Whether Plaintiff established good cause or otherwise warranted an extension of time to serve the Government Defendants.

Disposition

other